International Commission of Jurists

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

Sep 5, 2022

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...

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)

Sep 5, 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...

Y.M.O v. The Principal Immigration Officer

Jun 14, 2022

The appellant 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 was rejected from his application for international protection in October 2021. The appellant was assessed...

A.M. v. The Principal Immigration Officer

Jun 14, 2022

The applicant was a Bangladeshi national who was rejected from his asylum application and served with a removal order before he was referred for an age assessment procedure by the competent authorities and assessed as an adult following a bone test despite providing...
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