CJEU: State appeals do not always “stop the clock” of Dublin transfers

In December 2021, the Migration Law Clinic issued an expert opinion concerning cases in which the Raad van Stad (Dutch Council of State) had referred preliminary questions. The cases focus on three people whose applications for international protection are yet to be examined on the merits, since the Dutch Immigration Authorities (IND) decided that Romania…

Conditions for the revocation and withdrawal of refugee status

On 22 June 2022, the Dutch Administrative Jurisdiction Division of the Council of State (Council of State) referred preliminary questions to the Court of Justice EU (CJEU) about the conditions for refusing a refugee status to a person who has committed a ‘particular serious crime’ and constitutes a ‘ danger to the community’ of the…

Who can stop the clock? Why the Dublin Regulation precludes appellate courts from granting suspensive effect at the requestof the State

On 1 September 2021 the Dutch Council of State referred preliminary questions to the Court of Justice in several Dublin Cases (CJEU Case C‐556/21). The question is in essence: Does EU law preclude that a national appellate grants an interim measure to the State, which suspends the six months time limit for transferring the applicant? In order to answer this question…

An Individual Legal Remedy against the Refusal of a Take Charge Request under the Dublin III Regulation

Asylum seekers, who arrive in a (Southern) EU Member State may have a family member (a spouse, parent or minor child) who has applied for asylum and is waiting for a decision or who has received an asylum status in another Member State. According to the Dublin Regulation (Articles 8-10), the Member State where this…

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 S.S. v Sweden (Appl no 43654/18)

The case concerns a young Afghan woman, who applied for asylum in Sweden. The application was rejected. She complains that her return to Afghanistan would violate Art. 3 of the European Convention of Human Rights. The ECtHR has communicated the case to the Swedish Government on 10 December 2018 and asked it the following questions: 1. In…