Access to the asylum procedure Archives | Page 2 of 8 | International Commission of Jurists

Khan v. France, ECtHR, Application No. 12267/16, Judgment of 28 February 2019

Sep 7, 2022

In its judgment the ECtHR reiterated the finding that States Parties have a positive obligation to protect and take care of unaccompanied migrant children under Article 3 ECHR and Article 20 CRC. In cases concerning foreign minors, whether accompanied or...

CJEU, FMS and Others v. Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság, Joined Cases no. C-924/19 and C-925/19 PPU, 14 May 2020

Sep 7, 2022

Directive 2008/115 and Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013 laying down standards for the reception of applicants for international protection must be interpreted as meaning that the obligation imposed on a third-country...

Amuur v. France, ECtHR, Application No. 19776/92, Judgment of 25 June 1996

Sep 7, 2022

The Court found that the detention of aliens pending deportation is acceptable only in order to enable States to prevent unlawful immigration while complying with their international obligations, particularly under the 1951 Geneva Convention Relating to the Status of...

Saadi v. United Kingdom, ECtHR, Application No. 13229/03, Judgment of 29 January 2008

Sep 5, 2022

The Court recalled that it is a fundamental principle that no detention which is arbitrary can be compatible with Article 5 § 1 ECHR and the notion of ‘arbitrariness’ in Article 5 § 1 extends beyond lack of conformity with national law, so that a deprivation of...

O.M. v. Hungary, ECtHR, Application No. 9912/15, Judgment of 5 July 2016

Sep 5, 2022

The Court recalls that detention is authorised under subparagraph (b) of Article 5 § 1 only to ‘secure the fulfilment’ of the obligation prescribed by law. It follows that, at the very least, there must be an unfulfilled obligation incumbent on the person concerned,...