V.M. and Others v. Belgium: The asylum law discourse reloaded

By Salvo Nicolosi

Last 7 July 2015, the Second Section of the Strasbourg Court ruled in V.M. and Others v. Belgium, concerning the violation of Articles 3 and 13 ECHR owing to the reception conditions of asylum seekers. The case must be placed within the settled case law on the protection of asylum seekers under Article 3 ECHR which the Court has developed over the years and thus it offers another occasion to reflect on the timely and controversial debate regarding the interpretation of the right to asylum through the lens of the Strasbourg Court (Bossuyt, 2010; Mole/Meredith, 2010).

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A.S. v. Switzerland: missed opportunity to explain different degrees of vulnerability in asylum cases

By Salvo Nicolosi and Ruth Delbaere (Ghent University)

In the recent judgment of last 30 June 2015 in A.S. v. Switzerland, the European Court of Human Rights offers another occasion to reflect on the issue of vulnerability in asylum cases.

The ruling represents another episode of the ongoing saga concerning the Dublin System to determine the State responsible for asylum applications and builds upon the previous case law relating to Article 3 considerations when expelling seriously ill persons, on the one hand, and when deporting asylum seekers to another country, pursuant to Dublin II Regulation 343/2003 (now replaced by Dublin III Regulation 604/2013), on the other hand. Both lines of reasoning will be taken into account in the following analysis.

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S.J. v. Belgium: missed opportunity to fairly protect seriously ill migrants facing expulsion

This guest post was written by Sarah Ganty, Ph.D. student at the Institute for European Studies and at the Faculty of Law (Perelman Centre for Legal Philosophy) of the ULB within the Research project ARC “Sous le signe du mérite et de la conformité culturelle, les nouvelles politiques d’intégration des immigrés en Europe”. See also the post she wrote for the Blog of the Berkeley Journal of International Law.

On March 19, 2015, the Grand Chamber (GC) of the European Court of Human Rights (ECtHR) struck out of its list the sensitive case of S.J. v. Belgium on the basis of the friendly settlement between the Belgian Government and the applicant, S.J, mother of three children, who suffers from an advanced stage of AIDS and faced expulsion. Indeed, the Belgian Government ultimately regularized the residency status of the applicant and that of her three children, justified by the “strong humanitarian considerations” of their situation.

Why then write this note on a case that was not eventually ruled on the merits by the GC of the Court and where the outcome looks like a “happy ending”? Continue reading

Another episode in the Strasbourg saga on the Dublin System to determine the State Responsible for Asylum Applications

This guest post was written by Salvo Nicolosi, Postdoctoral Researcher at Ghent University’s Human Rights Centre.

The recent decision in A.M.E. v. The Netherlands, issued by the European Court of Human Rights last 13 January 2015 and notified in writing on 5 February 2015, offers another occasion to assess through a human rights perspective the working of the Dublin system for determining which State is responsible for deciding an asylum seeker’s application for international protection.

Based on Dublin II Regulation 343/2003 (now replaced by Dublin III Regulation 604/2013) such system has represented the core of a thriving case law of the Strasbourg Court, including the case under discussion. The analysis will be therefore enhanced by discussing the findings in other two key cases to which the Strasbourg made explicit reference in A.M.E. v. The Netherlands, namely the recent Tarakhel v. Switzerland and M.S.S. v. Belgium and Greece. Continue reading

Tarakhel v. Switzerland: Another Step in a Quiet (R)evolution?

This guest post was written by Nesa Zimmermann, Ph.D. candidate and teaching assistant at the University of Geneva, Switzerland (*)

The Court’s recent ruling in Tarakhel v. Switzerland became famous almost before it was delivered. The case has received strong media attention, and some claimed the judgment signified “the end of the Dublin system”. However, the importance of the Tarakhel judgement should not be overrated. For one thing, it remains yet to be seen to what extent the Court’s ruling can and will be applied to other cases. Besides, even though the case has been called a “principled decision in favour of vulnerable persons”, it consists, from a scholarly point of view, of a series of adjustments: a case contributing to the evolution of existing case law rather than a revolution on its own. Continue reading

The application of the European Convention on Human Rights to the case of Leonarda Dibrani

This guest post was written by Georgios Milios*

On October 9 2013, Leonarda Dibrani, a 15-years old Roma girl, was arrested by the French police in front of her teachers and classmates and deported to Kosovo along with her parents and five siblings. Initially, it was argued that the family had left Kosovo some years ago seeking better opportunities but according to Leonarda’s father, the Kosovo story was a lie and the whole family had been living for many years in Italy where almost all of the children were born but had not managed to acquire the Italian nationality. Furthermore, the father argued that they moved to France in 2008 and sought asylum claiming that they all come from Kosovo. The ‘Kosovo lie’ did not work and the whole family was expelled on the grounds that they were residing illegally in France. Continue reading