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  • CJEU: Opinion of Advocate General Jääskinen in the case C-4/11 Puid, 18 April 2013

    Date: 
    Friday, October 4, 2013

    The main proceedings concern an Iranian national, Mr. Puid, who traveled from Teheran to Athens in October 2007 and after four days there continued to Frankfurt, where he requested asylum at the airport. The German Asylum Office determined that his application was inadmissible because, according to the Dublin Regulation, Greece was responsible for its processing. The applicant brought a court action against this decision seeking its annulment and asking the competent court to order Germany to process his application. He was shortly afterwards returned to Greece.

  • UNHCR published it comments on the Commission’s amended proposal for a Regulation of the European Parliament and of the Council on the establishment of 'EURODAC'.

    Date: 
    Friday, October 4, 2013

    It observed that the original purpose of Eurodac, as set out in the Eurodac Regulation, is to facilitate the operation of the Dublin II Regulation with the aim of determining the Member State responsible for examining an asylum application. Based on this, UNHCR considered that Eurodac in principle should be used for its original, limited purpose, and not for objectives extending far beyond that. However, should this proposal be adopted, UNHCR recommended that several safeguards are put in place, including in particular:

  • CJEU releases decision in Case C620/10: Migrationsverket v. Nurije Kastrati, Valdrina Kastrati, Valdrin Kastrati

    Date: 
    Friday, October 4, 2013

    (Dublin system - Regulation (EC) No 343/2003 - Procedure for determining the Member State responsible for examining an asylum application - Third-country nationals in possession of a valid visa issued by the Member State responsible within the meaning of Regulation No 343/2003 - Asylum application lodged in a Member State other than the State responsible pursuant to that regulation - Application for a residence permit in a Member State other than the State responsible followed by the withdrawal of the asylum application - Withdrawal occurring before the Member State responsible a

  • CJEU judgment in Case C-179/11, CIMADE, GISTI v. Ministre de l’Intérieur, de l’Outre-mer, des Collectivités territoriales et de l’Immigration, 27/09/2012

    Date: 
    Friday, October 4, 2013

    (Applications for asylum – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Regulation (EC) No 343/2003 – Obligation to guarantee asylum seekers minimum reception conditions during the procedure of taking charge or taking back by the responsible Member State – Determining the Member State obliged to assume the financial burden of the minimum conditions)

    Referred questions:

  • Formal adoption of Protocol 15 to the European Convention on Human Rights

    Date: 
    Friday, October 4, 2013

    On 16 May, the Committee of Ministers of the Council of Europe adopted and opened for signature and ratification the latest amendments to the European Convention on Human Rights. They will enter into force once all the 47 States Parties to the Convention have ratified the new Protocol 15. The amendments introduced to the Convention are in short the following:


    -The introduction, in the Preamble of the Convention, of a reference to the principle of subsidiarity and the doctrine of the margin of appreciation as developed in the case-law of the European Court of Human Rights.

  • UK: Court of Appeal Issues Guidance for Trafficking Victims in Criminal Cases

    Date: 
    Friday, October 4, 2013

    The UK Court of Appeal overturned the convictions against three children from Vietnam who were trafficked to the UK and convicted for drug offences after a police raid on the cannabis factories in which they were forced to work. The judgement is a milestone reflecting the recently adopted EU Anti-Trafficking Directive.

  • Statewatch.org: analysis of Frontex's 2013 work programme

    Date: 
    Friday, October 4, 2013

    Statewatch.org has published an analysis for Frontex's work programme for 2013, drafted by Marie Martin. The analysis also includes the first work programme of the Consultative Forum on Fundamental Rights. The paper argues that Frontex's budget remains one of the biggest among the Justice and Home Affairs agencies and that its priorities will not differ much from 2012, with sea operations, border surveillance and further cooperation with third countries as the most prominent ones. The paper is critical of the limited attention paid to fundamental rights.

  • UN Special Rapporteur on the Human Rights of Migrants underscores the responsibility of the EU for the situation of irregular migrants in Greece

    Date: 
    Friday, October 4, 2013

    The UN Special Rapporteur on the Human Rights of Migrants visited Greece at the end of November in view of the report he will be presenting to the UN Human Rights Council in June 2013 on the management of the EU external borders. At the end of his visit he pointed out that the large number of irregular migrants stuck in Greece is a result of the EU policies and practices and that hence solidarity and responsibility-sharing within the EU were necessary to ensure respect for the human rights of migrants in Greece.

  • Ireland: Family reunification case provides interpretation for the notion of dependency

    Date: 
    Friday, October 4, 2013

    The case concerns a couple of Somali origin, one of whose members had been recognized as a refugee in Ireland, which wished to reunite a niece and a nephew who had been their de facto wards since they were orphaned. Their application was refused on the grounds that the nephew and the niece were not dependent on the applicants, who then appealed to the Irish High Court.

  • ECtHR releases decision in Bajsultanov v. Austria (no. 54131/10) [Articles 3 and 8 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, Ruslan Bajsultanov, is a Russian national of Chechen origin who was born in 1980. He arrived in Austria with his family in July 2003 claiming asylum following his narrow escape from a “cleaning operation” carried out against him in Chechnya by mercenary soldiers. He alleged that he was wanted due to his support of Chechen fighters from 1994 to 1996. He was granted asylum in July 2005 which was, however, lifted in October 2008 and his expulsion ordered following three convictions for various serious offences, including aggravated bodily harm.

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