The European Court of Human Rights (ECtHR) and the EU Fundamental Rights Agency (FRA) have launched their Handbook on European law relating to asylum, borders and immigration.
Today the Dublin Regulation, that identifies which European State is responsible for deciding on an asylum application, turns 10.
Our organisations acknowledge the improvements in the second phase of legislative harmonisation but remain concerned about a number of key aspects of the asylum package in particular with regard to the detention of asylum seekers, legal assistance to asylum seekers in increasingly complex asylum procedures, the lack of sufficient procedural safeguards with regard to vulnerable asylum seekers an
A study by the Jesuit Refugee Service, based on interviews with 257 asylum seekers, shows that over half knew little or nothing about Dublin procedures, which limited their ability to challenge their transfer to another country. The research finds that detainees are much less informed about Dublin procedures than non-detainees are, have less access to lawyers, and are less likely to actually a
The Court of Justice of the European Union (CJEU) has ruled that unaccompanied children who have applied for asylum in more than one EU Member State, and who do not have relatives legally residing in the EU, shall remain in the country where their most recent asylum application was lodged, and that country shall take responsibility for the examination of their claim.
The European Court of Human Rights (ECtHR) has found that Austria violated an asylum seeker’s right to an effective remedy (Article 13 of the European Convention on Human Rights) against the decision to be sent back to Hungary under the Dublin Regulation.
The Court of Justice of the European Union (CJEU) has ruled that the Returns Directive, which allows for the detention of migrants awaiting return for up to 18 months, does not apply to asylum seekers while their applications are being processed.
The systematic use of detention of irregular migrants and asylum seekers has come to be viewed as legitimate across the EU, despite EU legislation stipulating that detention only be used as a last resort, UN Special Rapporteur on the Human Rights of Migrants, François Crépeau, said this week, presenting the findings of his latest report at a conference at the European Parliament hosted by PICUM