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  • CJEU Judgment in Case C-430/11, Md Sagor, 6 December 2012

    Date: 
    Friday, October 4, 2013

    (Reference for a preliminary ruling -  Area of freedom, security and justice - Directive 2008/115/EC - Common standards and procedures for returning illegally staying third-country nationals - National legislation providing for a fine which may be replaced by an order for expulsion or home detention)

    Referred Questions
    In the light of the principles of sincere cooperation and the effectiveness of directives,

  • CJEU judgment in case C-175/11 H.I.D., 31 January 2013

    Date: 
    Friday, October 4, 2013

    Request for a preliminary ruling - Common European Asylum System - Application by a national of a third country seeking refugee status - Directive 2005/85/EC - Article 23 - Possibility of prioritising the processing of asylum applications - National procedure applying in a prioritised procedure for the examination of applications by persons belonging to a certain category defined on the basis of nationality or country of origin - Right to an effective judicial remedy - Article 39 of Directive 2005/85 - Concept of "court or tribunal" within the meaning of that article

  • Hungarian Helsinki Committee Report: Serbia as a Safe Third Country Revisited

    Date: 
    Friday, October 4, 2013

     

    The Hungarian Helsinki Committee (HHC) recently updated its 2011 Report on Serbia (Serbia as a Safe Third Country Revisited) based on a field mission there on 2-4 April 2012. Overall HHC's concerns expressed in the 2011 report remain valid. The findings of the report focus on a) limited access to protection and lack of procedural safeguards; b) risk of chain refoulement; c) danger of destitution.

  • ECtHR judgment in Hasanbasic v. Switzerland (no. 52166/09)

    Date: 
    Friday, October 4, 2013

    The applicants are a married couple of Bosnian nationality. Mrs. Hasanbasic obtained a settlement permit in Switzerland in 1979. After they had married some years later, Mr. Hasanbasic obtained a settlement permit too. In 2004, he informed the authorities that he intended to return permanently to his country of origin and his settlement permit expired. However, he returned in December of the same year on a tourist visa. Mrs. Hasanbasic submitted a request for family reunification, but this was rejected by the authorities and courts, arguing that Mr.

  • CJEU : AG Opinion in Shamso Abdullahi v Bundesasylamt (C-394/12) [Arts 10, 16, 18, 19, Dublin Regulation]

    Date: 
    Friday, October 4, 2013

    The request for a preliminary ruling from the Austrian Asylum Court (Bundesasylamt) concerns a Somali national who entered the EU through Greece and applied for asylum in Austria after having transited through Macedonia, Serbia and Hungary. The national court raised three questions concerning the Dublin Regulation, which the Advocate GeneralCruz Villalón proposes the Court to answer to in the following manner.

  • UK: Changes to immigration rules concerning unaccompanied asylum-seeking children

    Date: 
    Friday, October 4, 2013

    On 6 April a series of changes to the British immigration legislation will come into force. They concern various issues, among them the leave to remain granted to unaccompanied asylum-seeking minors. The length of leave will be reduced from 36 to 30 months or until the minor reaches the age of 17 and a half. Leave to remain will cease in the case of misrepresentation or omission of facts which led to the initial grant.

  • Statewatch analysis on the completion of the Common European Asylum System

    Date: 
    Friday, October 4, 2013

    Statewatch has published an analysis of the completion of the second phase of the Common European Asylum System by Professor Steven Peers. The analysis concludes that the second-phase legislation brings about "very limited improvements as regards reception conditions, modest improvements as regards procedures and qualification, no real improvement as regards the Dublin rules and a significant reduction in standards as regards Eurodac". It also underlines that not only harmonised legislation is needed to achieve real common standards, but also a more coherent and vigorous enforcement.

  • Council Update on the implementation of the Common Framework for genuine and practical solidarity towards Member States facing particular pressures on their asylum systems including through mixed migration flows

    Date: 
    Friday, October 4, 2013

    The document sets out what has happened since 8 March 2012 when the Council approved Council Conclusions on a common framework for solidarity mechanisms. It also states that the Commission has announced that it will invite Member States’ experts to a meeting on solidarity issues in January 2013. The objective of this meeting will be to prepare the solidarity part of the next Annual Report on Immigration and Asylum, in particular by collecting information about Member States’ needs and achievements.

  • Court of Justice of the European Union - Opinion of Advocate General Cruz Villalón in the case C-648/11 MA, BT, DA v Secretary of State for the Home Department, 21 February 2013

    Date: 
    Friday, October 4, 2013

    The main proceedings concern three unaccompanied minors who applied for asylum in the United Kingdom after having previously lodged asylum applications in the Netherlands and Italy. The British authorities decided first to send them back to those countries in application of the Dublin Regulation, but later they ruled that the UK would take responsibility for their applications under the sovereignty clause. However, the minors did not withdraw the appeals they had lodged against the initial decision to sent them back.

  • Abdulkhakov v. Russia (no. 14743/11) [Articles 3,5 and 34- Rule ]

    Date: 
    Friday, October 4, 2013

    The case concerns the Russian authorities’ alleged secret transfer of an Uzbek national, detained in Russia with a view to his extradition to his country of origin, despite the European Court of Human Rights’s indication (under Rule 39 - interim measures) to the Russian Government that no extradition should take place until further notice. The applicant, Murodzhon Abdulkhakov, is an Uzbek national who was born in 1979 and is currently in hiding in Tajikistan.

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