Necessity and proportionality Archives | Page 13 of 17 | International Commission of Jurists

W.K.A v. The Principal Immigration Officer

Jun 14, 2022

The appellant is a Ghanaian national who was rescued and disembarked in Malta in July 2021 and declared that he is a minor upon arrival. He was directly detained after disembarkation and initially issued with a removal order in August 2021. It later transpired that...

F.B v. The Principal Immigration Officer

Jun 14, 2022

The appellant is a Ghanaian national who was rescued and disembarked in Malta in July 2021 and declared that he is a minor upon arrival. He was directly detained upon disembarkation and issued with a removal order in August 2021. It later transpired that the...

Case No. 10453/2019 before the Supreme Administrative Court of the Republic of Bulgaria, Judgment No. 75 of 6 January 2020

Jan 26, 2022

The court repealed the order for immigration detention of a mother and her child. The detention order did not contain reasoning as to the exceptionality of the situation that required detention and the administrative body had made no assessment to protect the...

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

Jan 26, 2022

Compulsory, indefinite placement of migrants in the transit zones qualifies as detention and is unlawful....

General comment No. 5 (2021) of the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights (advanced unedited version)

Jan 26, 2022

The UN Committee in its General Comment understands as ‘alternatives to detention’ all community-based care measures or non-custodial accommodation solutions – in law, policy or practice – that are less restrictive than detention and which must be considered in the...