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…

(Late) submission of new asylum motives during the appeal before first instance courts and the requirement of a full and ex nunc judicial examination of Article 46(3) RAPD

On 4 October 2017 the Administrative Jurisdiction Division of the Council of State (AJD) referred preliminary questions to the Court of Justice (Case C-586/17) about the judicial review in asylum cases. The AJD wants to know whether asylum motives (reasons for international protection) which are first mentioned during the appeal phase should be taken into account…

The ‘bewijsnood’ policy of the Dutch immigration service: A correct interpretation of the Family Reunification Directive or an unlawful procedural hurdle?

This expert opinion is about Eritrean asylum status holders in the Netherlands, who try to be reunited with their family members left behind. An asylum status holder can apply for reunification with his family left abroad, within three months following the decision granting his or her asylum status. One of the conditions for family reunification is…