CJEU: Third-country national suffering from a serious illness cannot be the subject of a return decision if there is a real risk of an intense increase in the pain

22 Nov 2022 | News

On 22 November 2022, the Court of Justice of the EU (CJEU) ruled in X v. Staatssecretaris van Justitie en Veiligheid (Case C‑69/21). The case concerned the return of a third-country national that would result in the discontinuation of the pain-relief treatment of a...

CJEU: Unaccompanied minor does not need to be unmarried to be the sponsor and enjoy the right to family reunification with the relatives in the direct ascending line

17 Nov 2022 | News

On 17 November 2022, the Court of Justice of the EU (CJEU) gave its preliminary ruling (Case C‑230/21) concerning the interpretation of the Family Reunification Directive 2003/86/EC to clarify whether a refugee who is an ‘unaccompanied minor’ and who resides in a...

Italy: Court of Bari rejected the extension of the detention of an asylum applicant due to unjustified deprivation of liberty and absence of legal basis

8 Nov 2022 | News

On 8 November 2022, the Court of Bari ruled in the request of the authorities to extend the detention of a Tunisian asylum applicant. The decision stated that the detention of a third-country national constitutes a measure of deprivation of liberty that can only be...

CJEU: Court ruled in favour of ex officio examination of the conditions for ordering and maintaining detention of a third-country national under EU law

8 Nov 2022 | News

On 8 November 2022, the Court of Justice of the European Union gave a judgment in C, B and X (joined cases C-704/20 and C-39/21). The preliminary ruling concerned the decision to detain third-country nationals, including two asylum applicants. The referring courts...

ECtHR Sanchez-Sanchez v. the United Kingdom: Court found that extradition to the United States would be consistent with Article 3 of the Convention

3 Nov 2022 | News

On 3 November 2022, the European Court of Human Rights (ECtHR) ruled in the case Sanchez-Sanchez v. the United Kingdom (Application no. 22854/20). The case concerned a Mexican national who was arrested in the United Kingdom following a request from the United States...

Germany: Administrative Court dismisses appeal regarding the right to employment for a third-country national fleeing Ukraine

26 Oct 2022 | News

On 26 October 2022, the Administrative Court of Baden-Wurttemberg gave its decision in a case regarding a third-country national who fled from Ukraine to Germany. The applicant was a Nigerian citizen who was studying in Ukraine until the war broke out and arrived in...