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Key Words Archives: Reasonable time

UN Human Rights Committee (CCPR), Nystrom v. Australia, Communication 1557/2007, Views of 18 July 2011

The UN Human Rights Committee recalled that although under article 9 of the International Covenant on Civil and Political Rights (ICCPR) the detention of aliens residing unlawfully on the State Party’s territory is not per se arbitrary, remand in custody could be considered arbitrary if it is not necessary in all the circumstances of the case: the element of proportionality becomes relevant.

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CJEU, Hassen El Dridi case, Case no. C-61/11 PPU, 28 April 2011

The CJEU found that the Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Members States for returning illegally staying third-country nationals must be interpreted as precluding a Member State’s legislation which provides for a sentence of imprisonment to be imposed on an illegally staying third-country national on the sole ground that they remain, without valid grounds, on the territory of that State, contrary to an order to leave that territory within a given period.

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