CJEU: Provision of basic needs for third country nationals with seriously ill, dependent child pending an appeal with automatic suspensive effect

30 Sep 2020 | News

On 30 September 2020, the CJEU answered the preliminary request for an interpretation of Articles 5 and 13 of the Return Directive (2008/115/EC) made in the proceedings between LM and the Public Centre for Social Welfare (CPAS). The case concerned the CPAS’...

CJEU: the consequences of automatic suspensive effect of a return decision appeal on social assistance

30 Sep 2020 | News

On 30 September 2020, the CJEU answered preliminary questions regarding the interpretation of Articles 5 and 13 of the Return Directive (Directive 2008/115), read in the light of Article 19 (2) and Article 47 of the Charter.In 2015, the applicant, B., introduced a...

UK: Court of Appeal upholds decision that declared removal of Ugandan citizen unlawful

28 Sep 2020 | News

On 28 September 2020, the UK Court of Appeal rejected an attempt by the Home Office to overturn a High Court order to bring an asylum applicant, who had been removed under the earlier declared ‘unlawful’ Detained Fast Track (DFT) system, back to the UK and agreed with...

N.D and N.T v Spain: Grand Chamber rule that return of migrants to Morocco did not breach Convention

13 Feb 2020 | News

On 13 February 2020, the Grand Chamber of the European Court of Human Rights (GC) published its judgment in the case of N.D and N.T v Spain (Application Nos. 8675/15 and 8697/15) concerning the immediate return of two men to Morocco after attempting to cross...

Human Rights Committee: Views on the alleged risk to right to life as a result of climate change and sea level rise

7 Jan 2020 | News

On 7 January 2020, the Human Rights Committee (the Committee) published its views in the case of Ioane Teitiota v. New Zealand (CCPR/C/127/D/2728/2016) concerning an alleged violation of the right to life as a result of the effects of climate change. The...

CJEU: Interpretation of provisions for family reunification in the event of dependence on medical grounds

12 Dec 2019 | News

On 12 December 2019, the Court of Justice of the European Union published its judgment in case C-519/18 on the interpretation of the right to family reunification guaranteed under Directive 2003/86. The Hungarian Immigration and Asylum Office refused to grant a...