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  • UK: Suspension on removal of Tamil asylum seekers

    Date: 
    Friday, October 4, 2013

    The British High Court decided this week that a group of Tamils the UK Border Agency intended to deport back to Sri Lanka should stay in the United Kingdom until an upcoming Country Guidance case concerning the safety of returned failed asylum seekers in Sri Lanka is decided. As the High Court considered that the guidance on Sri Lanka was being considered virtually afresh and that the existing country guidance will have to change, the suspension on the removal of all Tamil failed asylum seekers was ordered.

  • ECtHR releases decision in A.L. v. Austria (Application no. 7788/11) [Articles 3, 13 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, A.L., is a Togolese national who was born in 1988 and currently lives in Salzburg (Austria). He arrived at Vienna airport in November 2008 and immediately claimed asylum. His application was dismissed in May 2010 and his expulsion ordered. A member of the opposition political party in Togo (Union des Forces de Changement), he alleges that, if returned to Togo, he would be at risk of persecution and even death.

  • Austria: Verfassungsgerichtshof: Case U330/12, 27/06/2012

    Date: 
    Friday, October 4, 2013

    The case concerns an asylum seeker who entered the EU illegally via Greece, did not ask for asylum there and traveled on via the Former Yugoslav Republic of Macedonia and Serbia to Hungary and Austria. He then asked for asylum in Austria. The question was whether or not Greece was still the responsible Member State under Art. 10.1 of the Dublin Regulation, even though the asylum seeker had left the territory of the Member States and re-entered it, or if by leaving the Member States’ territory the link to Greece’s responsibility had “broken” and Hungary was now responsible.

  • PICUM: Using Legal Strategies to Enforce Undocumented Migrants

    Date: 
    Friday, October 4, 2013

    A new report by the Platform for International Cooperation on Undocumented Migrants (PICUM) outlines ways for advocates to engage with legal systems on national and international levels. Drawing on discussions among representatives from key monitoring bodies, legal experts, and service providers at PICUM’s Annual Workshop, the report is a guide for practitioners that can be used to enforce the fundamental rights of undocumented migrants through mechanisms at the national level and in the EU, the Council of Europe, and the UN.

  • CJEU to hear case in Abdullahi re Dublin Regulation next Tuesday 07/05/2013

    Date: 
    Friday, October 4, 2013

    -7 May 2013: case C-394/12 Shamso Abdullahi

    Next Tuesday, the CJEU will be holding a hearing concerning the case of Abdullahi, a preliminary reference lodged by the Austrian Asylum Court (Asylgerichtshof) in August 2012 concerning the Dublin Regulation. The questions referred are the following:

  • CJEU judgment in G. and R., C-383/13

    Date: 
    Friday, October 4, 2013

    (Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - legal consequences of failing to respect the rights of the defence in a decision extending detention for the purpose of removal - does not automatically lift the detention)

    Facts of the case

  • CJEU: Reference for a preliminary ruling from the Asylgerichtshof (Austria) in case C-394/12

    Date: 
    Friday, October 4, 2013

    Reference for a preliminary ruling from the Asylgerichtshof (Austria) lodged on 27 August 2012 - Shamso Abdullahi (Case C-394/12)

    Language of the case: German
    Referring court: Asylgerichtshof
    Parties to the main proceedings: Appellant: Shamso Abdullahi, Respondent: Bundesasylamt


    Questions referred:

  • ECtHR decision in Zokhidov v. Russia (no. 67286/10) [Articles 3, 5, 13 and 34 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is an Uzbek national who was arrested in Russia in July 2010 and detained with a view to his extradition to Uzbekistan, where he was wanted on charges of public appeals to overthrow the constitutional order in connection with his presumed membership of the banned Hizb-ut-Tahrir religious organisation. The Uzbek extradition request was accepted by the Russian authorities. However, the decision to extradite him was quashed by the Supreme Court and Mr. Zokhidov was released in April 2011.

  • ECtHR releases decision in Balogun v. the United Kingdom (Application no. 60286/09) [Article 3, 8 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, Moshood Abiola Balogun, is a Nigerian national who was born in 1986 and has been living in the United Kingdom since the age of three. Convicted of serious drugs-related offenses, he was sentenced to three years imprisonment in 2007 and informed of the authorities intention to deport him. His appeal against deportation was rejected by the Asylum and Immigration Tribunal in March 2008.

  • Council of the EU: agreement with European Parliament on the Schengen Governance legislative package and Conclusions on the Charter of Fundamental Rights

    Date: 
    Friday, October 4, 2013

    Last week the Council reached an agreement with the European Parliament on the Schengen Governance legislative proposals, which include a regulation on a monitoring mechanism to verify the application of the Schengen acquis and an amendment to the Schengen Borders Code regarding the temporary reintroduction of border control at internal borders in exceptional circumstances. These will include serious threat to public policy or internal security and serious deficiencies relating to the external border controls.

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