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France: Administrative Tribunal of Nantes annuls Dublin transfer to Italy

Date: 
Monday, December 28, 2015

This case relates to a challenge by a male asylum seeker from Guinea to the decision taken by the Prefecture of Loire-Atlantique to transfer him to Italy pursuant to the Dublin III Regulation.

CJEU: Case C-695/15 PPU Mirza, reference for preliminary ruling by Debrecen Administrative and Labour Court (Hungary)

Date: 
Wednesday, December 23, 2015

On 23 December 2015,  the Debrecen Administrative and Labour Court in Hungary has referred a number of questions to the CJEU for an urgent preliminary ruling in 

CJEU: Case C-239/14 Abdoulaye Amadou Tall, 17 December 2015

Date: 
Thursday, December 17, 2015

This case relates to a national of Senegal, Mr Tall, who made a subsequent application for asylum following the rejection of his first claim by the Belgian authorities and courts. The Commissariat-General for Refugees and Stateless Persons refused to take this second application into account. This led to CPAS withdrawing social assistance to Mr Tall.

Nils Muižnieks submits third party intervention in S.O. v. Austria (no. 44825/15) and A.A. v. Austria (44944/15) on Dublin transfers to Hungary

Date: 
Thursday, December 17, 2015

On 17 December 2015, Nils Muižnieks submitted a third party intervention in the cases of S.O. v. Austria (no. 44825/15) and A.A. v Austria (no. 44944/15) which relate to the transfer of the two applicants from Austria to Hungary under the Dublin III Regulation.

Z.H. and R.H. v. Switzerland (no. 60119/12) [Article 8], 8 December 2015

Date: 
Tuesday, December 8, 2015

The case of Z.H. and R.H. v. Switzerland (press release here) relates to two Afghan nationals who had a religious marriage ceremony in Iran in 2010, when Z.H. was 14 years old and R.H. was 18 years old. They applied for asylum in Switzerland in 2011.

Committee of Ministers: decision on execution of M.S.S. and Rahimi groups v. Greece

Date: 
Tuesday, December 8, 2015

The Council of Europe Committee of Ministers examined the implementation in the M.S.S. and Rahimi groups of cases against Greece (no. 30696/09 and 8687/08) at its 1243rdmeeting.

Belgium: Brussels Labour Court condemns Fedasil for failure to accommodate minor Afghan asylum seeker

Date: 
Monday, December 7, 2015

This case relates to a 17 year old national of Afghanistan who arrived in Belgium as an unaccompanied minor. On 30 November 2015 he presented himself to the Immigration Office in Brussels to claim asylum. He was given a ‘convocation letter’, inviting him to return to the Office on 17 December to officially register his asylum claim.

Tadzhibayev v. Russia (no. 17724/2014) [Articles 3 and 13], 1 December 2015

Date: 
Tuesday, December 1, 2015

The case of Tadzhibayev v. Russia relates to an ethnic Uzbek national of Kyrgyzstan who fled to Russia in June 2010 following violent inter-ethnic clashes in his region. He received a temporary residence permit. The Kyrgyz authorities charged him in absentia for various crimes in connection with the clashes and placed him on a list of fugitives.

Canada: Supreme Court finds criminalisation of refugees for aiding collective flight to safety unlawful

Date: 
Friday, November 27, 2015

In two related judgments by the Supreme Court, R v. Appulonappa [2015 SCC 59] and B010 v. Canada [2015 SCC 58], both decided on 27 November 2015, it found that domestic law relating to the criminalisation of asylum seekers who aided others to reach Canada by boat was unlawful.

ECtHR - Mahamed Jama v. Malta (no. 10290/13) [Articles 3, 5(1)f) 5(4)], 26 November 2015

Date: 
Thursday, November 26, 2015

This case relates to a Somali national who entered Malta irregularly by boat in May 2012. She was registered by immigration police, as an adult, although she allegedly claimed to be sixteen years old. She was detained in Lyster Barracks pending removal. A few days later she appealed against her removal decision and return order, and applied for asylum.

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