Case Law

6 March 2019 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Torture | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

The legislation introduced with the d.l. n. 113 of 2018, converted into l. n. 132 of 2018, in the part in which it modified the pre-existing regulation of the residence permit for humanitarian reasons dictated by art. 5, paragraph 6, of the legislative decree n. 286 of 1998 and other consequential provisions, replacing it with the provision of special cases of residence permits, does not apply in relation to applications for recognition of a residence permit for humanitarian reasons proposed before entry into force (October 5, 2018) of the new law, which will therefore be scrutinized on the basis of the legislation existing at the time of their presentation.

1 March 2019 | Judicial Body: Italy: Italian Supreme Court (Corte Suprema di Cassazione) | Topic(s): Humanitarian protection (including tolerated stay) - Immigration law - Right to seek asylum

i) an Order pursuant to s.4 Human Rights Act 1998 declaring that sections 20-37 of the Immigration Act 2014 are incompatible with Article 14 ECHR in conjunction with Article 8 ECHR; and 56 ii) An Order declaring that a decision by the Defendant to commence the Scheme represented by sections 20-37 of the Immigration Act 2014 in Scotland, Wales or Northern Ireland without further evaluation of its efficacy and discriminatory impact would be irrational and would constitute a breach of s. 149 Equality Act 2010.

1 March 2019 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Discrimination based on race, nationality, ethnicity - Housing, land and property rights (HLP) - Illegal immigrants / Undocumented migrants - Right to family life | Countries: United Kingdom of Great Britain and Northern Ireland

violation of article 3 (prohibition of inhuman and degrading treatment).

28 February 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Refugee camps - Unaccompanied / Separated children | Countries: Afghanistan - France - United Kingdom of Great Britain and Northern Ireland

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 | 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

I suggest that the Court of Justice should reply to the Supreme Court of the United Kingdom in the following terms: (1) Article 2(2)(c) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States amending Regulation (EEC) No 1612/68 and repealing Directives 64/221/EEC, 68/360/EEC, 72/194/EEC, 73/148/EEC, 75/34/EEC, 75/35/EEC, 90/364/EEC, 90/365/EEC and 93/96/EEC is to be interpreted as meaning that a child cannot be classed as a ‘direct descendant’ of a Union citizen where the child is only in the legal guardianship of that Union citizen under the institution of recueil legal (kafala) that applies in the Republic of Algeria. That child may, however, fall within the category of ‘other family members’ if the other requirements are satisfied and following completion of the procedure laid down in Article 3(2) of Directive 2004/38, in which case the host Member State must facilitate his or her entry and residence in that Member State in accordance with national legislation, having weighed the protection of family life and the defence of the child’s best interests. (2) Articles 27 and 35 of Directive 2004/38 can be applied in any of the situations referred to in that directive where grounds of public policy, public security or public health apply, and in the event of abuse of rights or fraud. (3) In applying Article 3(2) of Directive 2004/38, the authorities of the host Member State may enquire into whether sufficient regard was had, in the procedure for awarding guardianship or custody, to the best interests of the child.

26 February 2019 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 1989 Convention on the Rights of the Child (CRC) | Topic(s): Adoption - Family reunification | Countries: Algeria - United Kingdom of Great Britain and Northern Ireland