Language Switcher

Key Words Archives: Case management

R.M v. The Principal Immigration Officer

The appellant is a Bangladeshi national who was rescued and disembarked in Malta in December 2021. He was directly detained upon arrival and later declared that he is a minor during the lodging of his asylum application and was referred for the age assessment procedure. He was still in an age assessment procedure with no final decision when he filed an appeal against his detention order but was later assessed to be an adult by the Agency for the Welfare of Asylum Seekers (AWAS). This initial decision was appealed in front of the same Board.

The Board noted that the case was initially to be heard before Immigration Appeals Board, Division I, but that a conflict of interest was registered by the Board due to the role of one of its members in the Minors Care Review Board.

The appellant’s representative questioned whether there was a similar conflict of interest before Division II given that the same Board also decides the Age Assessment Appeals. The Board advised the appellant that an objection should be registered if the appellant’s representative felt that Division II had a conflict of interest to hear both cases. The appellant’s representative declared that he wished to proceed with the hearing as this would delay the detention of the appellant

The appellant declared that he should be presumed a minor until a final decision is taken on his age and complained that his detention was not in accordance with Article 14(1) of S.L. 420.06 since it is not a measure of last resort.

The Board relied on the fact that the appellant rectified his date of birth during the asylum procedure to deem the detention to be lawful. However, the Board decided that until the Age Assessment Appeal is decided, the appellant is to be transferred to the Buffer Zone within the AWAS Open Centre under those conditions that are considered appropriate and necessary by AWAS.

Source: PDF with the case

Continue Reading

Decision by the 5th Comittee of the Appeals Authority on 2 June 2021

The Committee decided to postpone the adoption of a decision on the age of the applicant and to refer the applicant, a minor, to an age assessment under the legal procedure. The minor from Afghanistan was residing in Lesvos RIC and had been wrongfully assessed as an adult, after taking into consideration the statements of the applicant, his birth certificate and the stages of the age assessment decision, which were not examined in the initial procedure of the age assessment.

Official source link: [PDF] -> attachments: Greece-Age Assessment_PDF 1

Continue Reading

Decision by the 5th Comittee of the Appeals Authority on 2 June 2021

The Committee decided to postpone the adoption of a decision on the age of the applicant and to refer the applicant, a minor, to an age assessment under the legal procedure. The minor from Afghanistan was residing in Lesvos RIC and had been wrongfully assessed as an adult, after taking into consideration the statements of the applicant, his birth certificate and the stages of the age assessment decision, which were not examined in the initial procedure of the age assessment.

Official source link: [PDF] -> attachments: Greece_PDF 1

Continue Reading

Steering Committee for Human Rights (CDDH), Practical Guidance on Alternatives to Immigration Detention: Fostering Effective Results

This Practical Guidance was adopted by the Steering Committee for Human Rights of the Council of Europe at its 91st meeting (18-21 June 2019). Its main focus is on the practical aspects of applying alternatives to detention, considering also the fact that in this field a ‘one size fits all’ approach is not possible. The Guidance covers the legal framework of the alternatives to detention system, the types of alternatives and the ways to make them effective.

https://www.coe.int/fr/web/human-rights-intergovernmental-cooperation/-/alternatives-to-immigration-detention-fostering-effective-results

Continue Reading

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)

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 context of lawful detention decision procedures to ensure that detention is necessary and proportionate in all cases, with the aim of respecting the human rights and avoiding arbitrary detention of migrants, asylum seekers, refugees and stateless persons.

https://tbinternet.ohchr.org/_layouts/15/treatybodyexternal/Download.aspx?symbolno=INT/CMW/GEC/9459&Lang=en

Continue Reading

Steering Committee for Human Rights (CDDH), Legal and practical aspects of effective alternatives to detention in the context of migration

The Steering Committee for Human Rights in this analysis, adopted on 7 December 2017, provided an overview of the applicable international human rights standards in the field of alternatives to detention in the context of migration.

https://rm.coe.int/legal-and-practical-aspects-of-effective-alternatives-to-detention-in-/16808f699f

Continue Reading