News

  • ILGA updates its surveys of law criminalising and protecting same-sex relationships

    Date: 
    Friday, October 4, 2013

    In May, the International Lesbian and Gay Association updated its world survey on laws criminalising and protecting same-sex relationships, entitled "State-Sponsored Homophobia". The report includes a short note arguing that the absence of criminalisation of homosexual activity does not demonstrate the absence of risk of persecution in a give country.

  • CJEU: upcoming hearing on reference from Dutch Council of State on membership of a particular social group and sexual orientation

    Date: 
    Friday, October 4, 2013

    11 April 2013: Joined cases C-199/12, C-200/12 and C-201/12, X, Y and Z.

    The CJEU will be holding a hearing concerning these three joined cases, in which the Dutch Council of State referred the following questions:

  • ECtHR decision in Barjamaj v. Greece (No. 36657/11) [Article 5 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is an Albanian national who had been living without authorisation in Greece for ten years. In 2011, while he was still a minor, he was arrested and remanded in custody pending a decision on his expulsion. When this decision was taken, his detention was extended in order to prevent him from absconding. After spending a total of 14 days in detention, he was released upon an order of the administrative court of Athens. By the time of the judgment, the expulsion order had not been executed. Before the Court, Mr.

  • CJEU: Opinion of Advocate General Bot in case C-529/11 Alarpe and Tijani, 15 January 2013

    Date: 
    Friday, October 4, 2013

    (Free movement of persons - Directive 2004/38/EC - Right of permanent residence - Article 16 - Legal residence - Residence based on Article 12 of Regulation (EEC) No 1612/68)

  • ECtHR interim measures against Germany enjoins return to Italy

    Date: 
    Friday, October 4, 2013

    The European Court of Human Rights issued on 13 February an interim measure enjoining the return of a Somali family of asylum seekers from Germany to Italy. The family had first arrived in Italy and moved to Germany some months afterwards. The removal had been allowed by German courts, but the case was referred to the ECtHR, which has given the German Government until 6 March to provide information on the guarantees that it can obtain from the Italian Government to assure that the applicants will receive a sufficient level of protection in view of their particular family situation.

  • ECtHR releases decision in Rustamov v. Russia (no. 11209/10) [Articles 3, 5 § 1 and 4, Article 8 and Article 13]

    Date: 
    Friday, October 4, 2013

    The applicant, Sobir Rustamov, is an Uzbekistani national who was born in 1966 and lived in Uzbekistan until 2005. He has been living in Russia with his wife and three minor children since 2007. On a wanted list in Uzbekistan for attempting to overthrow the constitutional order, he was arrested in February 2010 in Moscow. At the Uzbek authorities’ request, the Russian courts subsequently authorised his detention pending extradition, finding that the Russian Prosecutor General’s decision to extradite him had been lawful.

  • General Comment of the Committee on the Rights of the Child on the child's best interest

    Date: 
    Friday, October 4, 2013

    The Committee on the Rights of the Child, established under the UN Convention on the Rights of the Child, has released its General Comment on Article 3(1) of the Convention, which establishes the right of the child to have his or her best interest taken as a primary consideration. The comment seeks to ensure the application of and respect for the best interests of the child by states parties to the Convention. It defines the requirements for due consideration in actions concerning the child and in the adoption of legislation and other general measures concerning children.

  • Netherlands: Court of Appeal suspends Dublin Transfer to Poland (AWB 13/11314) [Art. 47, Charter of Fundamental Rights of the EU]

    Date: 
    Friday, October 4, 2013

    The Court of Appeal suspended a Dublin transfer from the Netherlands to Poland. The argument invoked by the applicant was the lack of an effective remedy in accordance with Article 47 of the EU Charter in Poland in asylum cases. This is based on the fact that in Poland an asylum seeker can lodge a request for administrative review of the negative decision taken by the Polish Office for Foreigners with the Refugee Board (administrative authority) which has suspensive effect.

  • Abdi v. UK (no. 27770/08) [Articles 3 and 5 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, Mr. Abdi, is a Somali national who applied for asylum in the United Kingdom and is currently detained in a British prison. In 1998 he was sentenced to imprisonment. In 2003 his release became automatic, but he remained in detention as a result of a deportation order issued in 2002 and a subsequent authority for detention. In April 2004, the Home Department authorised his detention until deportation. However, deportation was not possible for the British authorities until July 2006. His detention during this period was declared lawful by British Courts. Mr.

  • Council of Europe Commissioner for Human Rights comments that decisions concerning migrant children must always be based on their best interests

    Date: 
    Friday, October 4, 2013

    The Commissioner, Nils Muižnieks, strongly condemns forced returns of children, detention of children, the use of X-ray tests to determine age, and recent proposals by the Netherlands, Norway, Sweden and the United Kingdom to set up a 'return house' called the 'Welcoming Centre' in Afghanistan to facilitate the return of children. While aimed at family reunification, the idea has been opposed due to risks of sexual and military trafficking, the high difficulty of family tracing in Afghanistan, and the risks of child disappearance and persecution.

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