Administration of justice

Courts — Jurisdiction — Habeas corpus — Exceptions to exercise of jurisdiction by provincial superior courts — Immigration detainee applying for habeas corpus — Superior court declining jurisdiction to hear application on basis that detention review scheme in Immigration and Refugee Protection Act is complete, comprehensive and expert statutory scheme providing for review at least as broad as that available by way of habeas corpus and no less advantageous — Whether superior court erred in declining jurisdiction — Immigration and Refugee Protection Act, S.C. 2001, c. 27.

10 May 2019 | Judicial Body: Canada: Supreme Court | Document type: Case Law | Topic(s): Arbitrary arrest and detention - Habeas corpus - Right to liberty and security | Countries: Canada - Pakistan

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Commentaries

May 2019 | Publisher: UN Office for the Coordination of Humanitarian Affairs (OCHA) | Document type: Policy/Position Papers

I suggest that the Court reply to the Pécsi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Pécs, Hungary) as follows: – Article 46(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, in conjunction with the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, is to be interpreted as meaning that a model of judicial review in matters of international protection in which the courts are endowed with a mere cassational power but in which the judicial guidance they issue in their annulment decisions is effectively being disregarded by the administrative bodies when deciding on the same case again, such as demonstrated in the case in the main proceedings, fails to meet the requirements of effective judicial review set out in Article 46(3) of Directive 2013/32 and interpreted in the light of the first paragraph of Article 47 of the Charter. – A national court, deciding in circumstances such as those in the case in the main proceedings, must set aside the national rule limiting its power to the mere annulment of the relevant administrative decision. That obligation arises when the clear assessment contained in a judicial decision annulling a previous administrative decision has been disregarded by the administrative authority deciding the same case anew, without the latter bringing any new elements that it could have reasonably and legitimately brought into consideration, thus depriving the judicial protection provided for under the invoked provisions of any practical effect.

30 April 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Administrative courts - Effective remedy | Countries: Hungary - Russian Federation

Effective domestic remedy: Effectiveness of a suspensive remedy, in respect of an asylum request submitted after the application had been lodged with the Court: admissible As to the merits, the Court went on to find, unanimously, that there would be no violation of Article 3 if the decision to deport the applicant to Algeria were implemented.

29 April 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Exhaustion of domestic remedies - Refugee status determination (RSD) / Asylum procedures | Countries: Algeria - France

The case concerns the arrest of the applicants, nine unaccompanied minors, and their placement in different police stations in northern Greece and in the Diavata centre. The Court found violations of articles 3 on the prohibition of inhuman or degrading treatment (no violation on living conditions), violation of article 13 on the right to an effective remedy and a violation of article 5 (1) and (4) on the right to liberty and security, right to a speedy decision on the lawfulness of a detention measure.

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Unaccompanied / Separated children | Countries: Greece - Iraq - Morocco - Syrian Arab Republic