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  • Ireland: High Court: W.A [DRC] -v- Minister for Justice & Anor, 2012 IEHC 251, 25/06/2012

    Date: 
    Friday, October 4, 2013

    The applicant is a national of the Democratic Republic of Congo (DRC) who arrived in Ireland in November 2009, and claimed asylum. In a report dated the 8th March, 2010, under s. 13(1) of the Refugee Act 1996 (as amended) the Office of the Refugee Commissioner gave a negative recommendation upon the asylum application. This recommendation was based upon the primary conclusion that the account given by the applicant as the basis of his fear of persecution lacked credibility.

  • ECtHR judgment in Mohammed v. Austria (no. 2283/12) [Articles 3 and 13 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is a Sudanese national who arrived in Austria via Greece and Hungary and applied for asylum. His application was rejected under the Dublin Regulation and his transfer to Hungary was ordered. Several months later, he filed a second asylum application, which did not have suspensive effect.  Before the ECtHR, he argued that his transfer to Hungary would expose him to treatment contrary to Article 3. He also relied on Article 13, because his second asylum request in Austria did not have any suspensive effect in relation to the transfer order.

  • UK: Duty to trace the families of unaccompanied children: Follow-up to the KA case

    Date: 
    Friday, October 4, 2013

    In the case of KA (Afghanistan) and others v Secretary of State for the Home Department [2012] EWCA Civ 1014, the England and Wales Court of Appeal established a series of principles to be applied to cases where the Secretary of State for the Home Department had breached her duty to trace the families of unaccompanied asylum-seeking children as prescribed by Article 19.3 of the Reception Directive. This judgment established that said duty was not fulfilled by merely granting children leave to remain until they were 17 and a half and directing them to the Red Cross.

  • Entry into force of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR)

    Date: 
    Friday, October 4, 2013

    Last 5 February, the 10th instrument of ratification of the Optional Protocol to the ICESCR was deposited, producing the effect of its the entry into force this 5 May. The Protocol was adopted in 2008 and empowers the Committee on Economic, Social and Cultural Rights, a UN Treaty Body entrusted with the monitoring of the implementation of the ICESCR, to receive individual complaints and to conduct inquiries in cases of grave or systematic violations of the rights under the Covenant (such as the right to work, to an adequate standard of living, to health or to education).

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