Journal

Detention of asylum-seekers under the scope of Article 5(1)(f) of ECHR - some thoughts based on recent ECHR and CJEU jurisprudence

Date: 
Wednesday, September 14, 2016

Introduction

The deprivation of liberty is only authorised under the ECHR if it pursues a specific objective defined in subparagraphs (a)-(f) of Article 5(1). Detention of irregular migrants, as well as asylum seekers usually falls under subparagraph (f), which has two limbs: to prevent unauthorised entry or when action is being taken with the view to deportation. Under EU law Article 8(3) of the

...

Prolonging detention under the Return Directive in Poland

Date: 
Friday, October 9, 2015

Introduction

Article 15 of Directive 2008/115/EC on the returns of irregular migrants has been subject to numerous preliminary references before the Court of Justice of the European Union (CJEU). Interpretative guidance has been given by the CJEU on how the period of pre-removal detention should be calculated as well as the grounds for extending detention under the Directive and the judicial control of a decision...

Recent challenges to accelerated procedures involving detention in the UK

Date: 
Friday, August 7, 2015

In Saadi v UK (application No. 13229/03),  the European Court of Human Rights ruled that detention for administrative convenience, for the processing of applications for asylum, as carried out in the UK’s detention centre at Oakington at that time did not violate Article 5(1) of the European Convention on Human Rights. It was a controversial judgment and there is a powerful joint dissenting opinion, but the European Court of Human Rights had reached the same...

Mohammadi v. Austria - the issue of asylum detention in Hungary

Date: 
Wednesday, October 1, 2014

This article is to be read in conjunction with the EDAL Case Summary 

Introduction

In July the European Court of Human Rights examined a case concerning the transfer of an asylum seeker from Austria to Hungary under the Dublin II procedure. The Austrian Asylum Office, the Asylum Court and the Constitutional Court all rejected his asylum request and ordered his transfer to Hungary. Relying in particular on...

Pages