January 2012

Asylum-seekers crossing this border in Greece may be excluded from the scope of the Dublin II Regulation

The Migration News Sheet is your reliable source of news, policy and legal updates on migrants and refugees. Below is a selection of the headlines in the latest issue.

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Migration Policies

EU ‘Single permit’ Directive granting third-country workers rights passes final hurdle

ECHR: Raised in a country and having six minor children who are its citizens does not exempt a foreigner having committed serious offences from expulsion

CJEU: Advocate General of EU Court argues that Turkish nationals covered by provisions stemming from EEC-Turkey Agreement do not, unlike Union citizens, enjoy “strengthened protection” from expulsion

Dutch advisory body on matters concerning foreigners call for “societal interests” to be taken into account when deciding on cases of long-stay foreigners under the obligation to leave

UK: Higher Court of Appeal grants a woman the right to stay with her partner and his wife


Irregular Migration

CJEU: Imprisonment of unlawfully staying third-country nationals possible only after coercive measures applied

Human Rights Court finds Belgium guilty of Article 3 violation in case of AIDS-infected woman whose expulsion will nevertheless not amount to inhuman or degrading treatment

Swiss law prohibiting irregular migrants from getting married is criticised by the country’s Supreme Court


Asylum/Refugees

CJEU: Member States may not send asylum-seekers to another Member State with deficiencies in asylum procedure and reception conditions

Human Rights Court does not oppose repatriation of a rejected Afghan asylum-seeker whose brother was granted refugee status some six years ago

Human Rights Court finds Belgium guilty of Article 3 violation for the third time for having detained children – damages amounting to 46,650 Euros are awarded to the applicants

For the 18th time, the UN anti-torture watchdog warns Sweden that it would violate the convention if expulsion of applicant is carried out

Malta’s Constitutional Court awards two Somalis 10,000 Euros each for being sent back to Libya without the opportunity to apply for asylum

Dutch Court upholds right of three Congolese witnesses to International Criminal Court to apply for asylum

Swiss Senate approval of first group of measures aimed at accelerating the asylum procedure


Racism/Discrimination

Switzerland: Xenophobia has ‘definitely’ increased, says outgoing head of Federal watchdog

High profile trial of French woman of North African origin accused or making racist remark against ‘white French people

Swedish court acquits woman who twice refused to be served by a ‘black person’

Integration/Diversity

EU: High proportion of workers of immigrant origin in jobs for which they are over-qualified

Muslim politician in Norway against schools dropping Christian practices so as not to offend Muslims

Sweden’s first veil-wearing policewoman