Immigration law / Immigration Detention

This case concerned age-assessment procedures and the placement in adult detention centres of two minors who arrived in Italy.

21 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Immigration Detention - Prison or detention conditions - Unaccompanied / Separated children | Countries: Gambia - Guinea - Italy

The Court, ruling under the urgent preliminary ruling procedure, holds that the Procedures Directive (4) precludes legislation of a Member State under which, in the event of a declaration of a state of war or a state of emergency or in the event of a declaration of an emergency due to a mass influx of foreigners, illegally staying third-country nationals are, de facto, denied the opportunity of having access to the procedure for examining an application for international protection in the territory of that Member State. Furthermore, the Court holds that the Reception Directive (5) precludes legislation of a Member State under which, in the event of such a declaration, an applicant for asylum may be detained on the sole ground that he or she is staying in the territory of that Member State illegally.

30 June 2022 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Immigration Detention - Reception - Refugee status determination (RSD) / Asylum procedures - Right to liberty and security - State of emergency | Countries: Lithuania

3 May 2022 | Publisher: New Zealand: Immigration Service | Document type: Research, Background and Discussion Papers

Having regard to the information submitted by the parties, the Court finds that at first all the applicants were detained with a view to being removed, and their detention was presumably carried out initially in good faith and in compliance with Article 5 § 1 (f) of the Convention. However, the length of the applicants’ detention, as summarised in the relevant part of the Appendix, was from fourteen to sixteen months and the Government submitted no information about any actions taken in pursuit of the applicants’ administrative removal during these periods. Accordingly, in the Court’s view, the length of the applicants’ detention was not demonstrably related to the purpose pursued. 51. Furthermore, as regards the applicants’ complaint under Article 5 § 4 of the Convention concerning the lack of an effective procedure for review of detention, the Court notes that nothing in the available materials indicates that the applicants’ continued detention had been periodically reviewed or that they had indeed access to any procedure for such review. 52. Accordingly, the Court concludes that there has been a violation of Article 5 § 1 (f) and Article 5 § 4 of the Convention.

7 December 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Deportation / Forcible return - Eritreans - Immigration Detention | Countries: Eritrea - Russian Federation

25 November 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Resolutions/Recommendations/Declarations

The Court considers that, in these circumstances, the applicant may be regarded as no longer wishing to pursue his application, within the meaning of Article 37 § 1 (a) of the Convention. Furthermore, in accordance with Article 37 § 1 in fine, the Court finds no special circumstances regarding respect for human rights as defined in the Convention and its Protocols which require the continued examination of the case. In view of the above, it is appropriate to strike the case out of the list and to discontinue the application of Rule 39 of the Rules of Court. For these reasons, the Court, unanimously, Decides to strike the application out of its list of cases.

16 November 2021 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Illegal entry - Immigration Detention - Unaccompanied / Separated children | Countries: Afghanistan - Hungary

November 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

27 September 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation