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  • 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.

  • Statewatch publishes an analysis of The CEAS: State-of-play.

    Date: 
    Friday, October 4, 2013

    The overview by Steve Peers provides information on the second-phase of the CEAS and the state-of-play with regards to its five main legislative measures.

    It also mentions that some connected legislation has already been adopted: an amendment to the EU refugee fund regarding resettlement (adopted spring 2012); an extension to the EU’s legislation on long-term residents to cover refugees and persons with subsidiary protection (adopted spring 2011); and legislation establishing a European Asylum Support Office (adopted early 2010).

  • Ireland: follow-up to the MM case (C-277/11): the absence of single procedure for asylum and subsidiary protection called into question by Irish highest courts

    Date: 
    Friday, October 4, 2013

    In the MM judgment (C-277/11, reported in the Weekly Legal Update issue of 23 November 2012), the CJEU ruled that, where a State chooses to establish two separate procedures for examining asylum applications and applications for subsidiary protection, an applicant who has applied for subsidiary protection after the rejection of his asylum claim must be granted a fresh hearing in this second

  • Rakhmonov v. Russia (no. 50031/11) [Articles 2, 5 § 1,4 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant, Abdusami Rakhmonov, is an Uzbekistani national who was born in 1974 and has been living in Moscow since July 2010. In September 2010, a court in Uzbekistan ordered his arrest pending a criminal investigation against him. In February 2011, he was arrested in Moscow and placed in detention with a view to his extradition to Uzbekistan. In August 2011, the Russian Prosecutor General rejected the request for his extradition. An order for his administrative expulsion was quashed by the courts in September 2011.

  • European Commission: EASO publishes its first Country of Origin Information Report on Afghanistan

    Date: 
    Friday, October 4, 2013

    On 10/07/2012, the European Asylum Support Office published its first country of origin information (COI) report. The report focuses on Taliban recruitment strategies in Afghanistan. It has also published a methodology guideline for future similar reports. Country of origin reports represent a crucial tool for the decision-making on asylum applications and their availability enhances harmonisation of asylum procedures in the EU.

  • ECtHR - Rafaa v. France (no. 25393/10) [Articles 2 and 3 ECHR]

    Date: 
    Friday, October 4, 2013

    The applicant is a Moroccan national who arrived illegally in France. He alleged that he had been tortured by the Moroccan secret services because of his support to the Sahrawi cause. He was placed in detention and, following an international arrest warrant from Morocco based on allegations of terrorism, he was imprisoned with a view to his extradition in 2009. The French authorities approved his extradition and the applicant's appeals were dismissed. In the meantime he had also applied for asylum, but his application was dismissed.

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