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Author Colin Yeo on Free Movement blog. Could we use this in the Dutch practise as well where a VOVO is supposed to work only when a date is known and where people sometimes are deported from detention before their case is heard. Hot on the heels of this summer’s confected controversy over last minute legal challenges to removals of asylum seekers, the Court of Appeal has ruled that the Home Office’s ‘removal window’ policy is unlawful because it denies the common law right of access to a court. In a timely reminder to ministers and officials, the Court held that ‘the right of access to a court is an absolute and inviolable right’ which ‘is not a relative right to be balanced against other rights and interests, the convenience of the executive or the courts, or the risks of abuse of process.’ Some may bridle at the idea of migrants being entitled to legal protections. It was exactly that sort of thinking which led to the denial of the rights of the Windrush generation, wh...

In tijden van Corona wordt er veel onderwijs gratis aangeboden middels webinars. Het Zolberg Institute On Migration and Mobility verzortd zo iedere week een online college. Gisteren ging dat over vreemdelingenbewaring en uitzetting. Het college werd gegeven door Daniel Kanstroom, Professor of Law at Boston College Law School https://www.linkedin.com/in/daniel-kanstroom-21182a17/     Hij bestudeert vreemdelingenbewaring en uitzetting wereldwijd. De opname van de lezing vindt u hier: https://zolberginstitute.org/courses/hr-migration/#recording-7

The use of migrant detention across Europe, whether for the purpose of stopping asylum seekers and other migrants entering a country or for removing them, has long been a serious human rights concern. I have repeatedly spoken out against the pan-European trend of criminalisation of asylum seekers and migrants, of which detention is a key part. Detention is a far-reaching interference with migrants’ right to liberty. Experts have confirmed its very harmful effects on the mental health of migrants, especially children, who often experience detention as shocking, and even traumatising. For this reason, it is imperative that states work towards the abolition of migrant detention. This does not mean giving up on managing one’s borders, including decisions over who enters a country and who can stay. It means investing in alternative measures to manage migration effectively, which are not as far-reaching and harmful as detention. Thanks to the important work of civil society...

The International Law of Migrant Smuggling Paperback – January 14, 2016 by Anne T. Gallagher (Author), Fiona David (Author) ...

 Door Galina Cornelisse In  J.N. v Staatssecretaris voor Veiligheid en Justitie the ECJ ruled that the provision in the recast Reception Conditions  Directive allowing for the detention of asylum seekers on public order grounds does not conflict with the way in which the Charter of Fundamental Rights protects the right to personal liberty. The judgment raises pertinent questions about the relationship between the EU legal order and that of the ECHR in an area that is becoming increasingly complex: the use of detention in immigration and asylum procedures. Read my comment on the judgment here:  REDIAL Blog Interessant artikel? Deel het eens met uw netwerk en help mee met het verspreiden van de bekendheid van dit blog. Er staan wellicht nog meer artikelen op dit weblog die u zullen boeien. Kijk gerust eens rond. Zelf graag wat willen plaatsen? Mail dan webmaster@vreemdelingenrecht.com In verband met geldwolven die denken geld te kunnen claim...

Dr Andrea Romano, Research assistant, “Sapienza” University of Rome Introduction The Celaj judgement and its controversial relationship with the earlier case law of the Court of Justice on the Returns directive has been persuasively discussed in this blog (see Majcher ). This commentary focuses on a brief comparison between that judgment and the Vélez Loor case decided by the Inter-American Court of Human Rights in 2010 (hereinafter IACtHR). The judgment of the Court of Justice of the European Union in Celaj originated from one of the several preliminary rulings raised by Italian judicial authorities on the Returns Directive. Now, from an Italian immigration law perspective it has to be noted that the Court of Justice – when requested by means of preliminary rulings – has so far considered deprivations of personal liberty of particular gravity as incompatible with the Returns Directive. Whereas this jurisprudence was drawn upon the principle of effectiveness...

Children’s drawings are an accessible and compelling image of the mandatory detention of children in isolated camps. Is that why they carry so much weight in the media? Author Margaret Mayhew Casual academic, Gender, Sexuality and Diversity Studies at La Trobe University Disclosure Statement Margaret Mayhew does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations. Provides funding as a Member of The Conversation AU. latrobe.edu.au La Trobe University Events More Events Pictures drawn by children detained...

Forced Migration Review issue 44, entitled 'Detention, alternatives to detention, and deportation', is now online at www.fmreview.org/detention Asylum seekers and refugees - men, women and even children - are increasingly detained and interned around the world, as are numbers of other migrants. Sometimes detained indefinitely and often in appalling conditions, they may suffer not only deprivation of their liberty but other abuses of their human rights too. Detention may appear to be a convenient solution to states' political quest to manage migration (often as a precursor to deportation) but it is an expensive option and has lasting effects on those detained. In the search for a more humane - and cheaper - approach, agencies and government authorities have trialled a variety of alternatives to detention. FMR 44 includes 36 articles on immigration detention, alternatives to detention, and deportation, plus a mini-feature on the Syria crisis (available separately online ...

Detentie zou weinig invloed hebben op tegengaan illegale immigratie maar vertrouwen in het hebben gehad van een eerlijke kans bevordert terugkeer wel. Een paar citaten: "A lot of governments think that legal advice can bog down a claim, when in fact our research found that early legal advice and intervention reduces the time to complete a case and increases chances of voluntary return.” "If people feel they’ve been taken care of and their case has been properly scrutinized, they’re more likely to accept the outcome." Alternatives to immigration detention prove cheaper, more humane  JOHANNESBURG, 30 August 2013 (IRIN) - Countries around the world are increasingly responding to influxes of irregular migrants and asylum seekers by simply locking them up. States cite national security concerns and suggest that such punitive measures will make undocumented migrants and asylum seekers think twice before entering their territory. Lees verder hier in I...

As Kate Middleton gives birth to the third heir to the throne, around 100 pregnant women continue to be detained in the UK for immigration purposes each year. A research report by Medical Justice has shown that the current policy of detaining pregnant women is ineffective, unworkable and damaging. The report, Expecting Change: the case for ending the immigration detention of pregnant women , exposes the plight of innocent pregnant women who seek sanctuary in the UK. These women find themselves locked up and mistreated in the country where they thought they would be safe at last. One woman who lost 7kg whilst pregnant in immigration detention said: "UKBA [UK Border Agency] put me and my unborn baby's life at risk. I was not a criminal: I never breached the law in the UK. I just claimed asylum and asked for refuge. But UKBA put me there and kept me in a detention centre for seven months as a pregnant woman, for no reason." Unlike Kate Middleton, the women in ...

Published on January 12, 2013         Author:  Antonios Tzanakopoulos In the midst of ever deepening economic woes, Greece is struggling with yet another crisis, this time of a humanitarian character. It is no secret that thousands of immigrants crossing into Greece mainly from Asia and Africa are held in appalling conditions in Greek detention centres. The UN Special Rapporteur on the human rights of migrants visited such centres just before the end of 2012 and faced a bleak situation (the relevant report is still forthcoming, but see the Reuters report here ), while the Grand Chamber of the European Court of Human Rights found already in January 2011 that returning an asylum seeker to Greece under Dublin II violates Article 3 of the ECHR (see M.S.S. v Belgium and Greece , paras 344 seq, along with a description of the horrible conditions of detention facing immigrants and asylum seekers in Greece). Today, media i...

The report ‘ The Right to Asylum of Unaccompanied Minors in the European Union ’ surveys practices in the 27 EU Member States, but the recommendations extracted from the main report are applicable to all states in the world. These summary recommendations have been compiled by Dr Barbara Harrell-Bond of the Fahamu Refugee Programme . Recommendations Children should always have access to asylum procedures, regardless of their age. Public authorities should take measures to ensure that all unaccompanied children are informed about their right to seek asylum and to detail such procedures in a child-friendly manner tailored to the needs of children. Each state should collect and provide data on asylum applications and decisions relating to unaccompanied minors, with broken down by sex, nationality and age in order to improve knowledge on this phenomenon and to design adapted policies. A legal guardian should be appoin...

© UNHCR/J.Björgvinsson A mother and her children at a detention centre in Greece. UNHCR advocates alternatives to detention, especially for vulnerable asylum-seekers such as mothers and children. The UN Refugee Agency has issued new guidelines on the detention of asylum-seekers and is concerned at its growing use in a number of countries. The guidelines  represent UNHCR policy and are intended as advice for governments and other bodies making decisions on detaining people. As a principle, UNHCR opposes detention of people seeking international protection. The new guidelines make clear that seeking asylum is not a criminal act, and that indefinite and mandatory forms of detention are prohibited under international law, Adrian Edwards, UNHCR spokesman explained. We are disappointed that many countries continue to hold asylum-seekers in detention, sometimes for long periods and in poor conditions, including in some cases in prisons toget...

After surviving the boating disaster, Abu Kurke Kebato eventually made his way to the Netherlands where he tried to settle with his wife. Photograph: Guardian   One of the few survivors from a migrant boat tragedy that claimed 63 lives in the Mediterranean has been arrested by immigration police in the Netherlands and is set to be deported from the country. The detention of Abu Kurke Kebato, a 23-year-old Ethiopian, came just hours after the European body charged with investigating the incident called on EU member states to look kindly on asylum claims from those who survived the tragedy. Their dinghy was left drifting for two weeks in the sea despite European authorities pinpointing the location of the vessel and distress calls being sent out repeatedly to nearby ships. Abu Kurke was among nine people who made it back to land alive from an initial group of 72 that set off from Tripoli in an effort to reach Eu...