National limitations to judicial review in migration detention cases: Prohibition, competence or requirement of ex officio review?

The Migration Law Clinic has written an expert opinion in Joined Cases C-704/20 PPU and C-39/21 PPU before the Grand Chamber of the Court of Justice of the European Union. It concerns the judicial review of detention measures imposed on the basis of the Return Directive (Directive 2008/115/EC). Under Dutch law, the first instance and…

The legality of the detention of third-country nationals in order to ensure the passing back to the Member State where they enjoy international protection

This project concerns three cases (CJEU Case C‐673/19), in which the Council of State has referred a preliminary question on 4 September 2019. The question concerns the detention of migrants, who have received an asylum status in another EU Member State and have applied for asylum in the Netherlands. Their asylum applications have been declared…

Third party intervention European Court of Human Rights case M.T. and others v Sweden (Appl no 22105/18)

This case concerns a Syrian minor boy, whose request for family reunification with his mother and brother was refused. The reason was a temporary law adopted in Sweden which provided that persons in need of subsidiary protection do not have the right to family reunification (while refugees do have that right). The boy and his…