Case-law Archives | Page 18 of 33 | International Commission of Jurists

District Court in Jelenia Góra, decision VI Kz 214/18, 30 July 2018

Dec 20, 2022

The Court did not examine extensively enough alternative measures to detention, and did not consider carefully enough if a stay in a guarded centre for foreigners was appropriate for young children, and if it provided the required amenities. Source: PDF file with the...

Regional Court of Augustów, decision II Ko 212/22, 7 March 2022

Dec 20, 2022

The Court state it was not in the best interest neither of the child nor the mother to have their stay prolonged in a guarded centre for foreigners, especially as an alternative measure, in the form of a flat lent by a third party in Augustów, had been made available...

A.M. v. The Principal Immigration Officer, 5 November 2021

Dec 20, 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...

Popov v. France, ECtHR, Applications Nos. 39472/07 and 39474/07, Judgment of 19 January 2012

Sep 7, 2022

The European Court found that whilst mutual enjoyment by parent and child of each other’s company constitutes a fundamental element of family life, it cannot be inferred from this that the sole fact that the family unit is maintained necessarily guarantees respect for...

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...