ECJ Applications for asylum – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Regulation (EC) No 343/2003 – Obligation to guarantee asylum seekers minimum . .
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing. Held: The appeals failed. An applicant could not claim, after an unsuccessful statutory appeal after he had become 17, that the Home Secretary’s failures properly to investigate his claim with … Continue reading TN, MA and AA (Afghanistan) v Secretary of State for The Home Department: SC 24 Jun 2015
ECJ Judgment Of The Court – Directive 2003/9/EC – Minimum standards for the reception of asylum seekers in the Member States – Article 13(1) – Time-limits for material reception conditions – Article 13(2) – Provisions on material reception conditions – Guarantees – Article 13(5) – Setting and grant of minimum reception conditions for asylum seekers … Continue reading Federaal Agentschap Voor De Opvang Van Asielzoekers v Saciri and Others: ECJ 27 Feb 2014
The applicants had arrived in the UK as minors fleeing Afghanistan. They now challenged grant of a discretionary leave to remain limited to expire withiin one year. Maurice Kay VP, Beatson, Briggs LJJ  EWCA Civ 1609,  WLR(D) 483,  INLR 542,  1 WLR 2095,  2 CMLR 31 Bailii, WLRD Nationality, Immigration … Continue reading TN (Afghanistan) and Another v Secretary of State for The Home Department: CA 12 Dec 2013
The Directive gave certain rights to asylum applicants. The claimants had applied for asylum, and on failing in their applications, renwewed them, claiming the rights under the Directive again. The respondent said that the rights applied only on a first application. Held: The applicants still had the benefit of the Directive: ”an application for asylum’ … Continue reading ZO (Somalia) and Others, Regina (on The Application of) v Secretary of State for The Home Department: SC 28 Jul 2010
pswc_abdidaECJ1409 ECJ Advocate General’s Opinion – Preliminary reference – Common European Asylum System – Directive 2003/9/EC – Minimum standards for the reception of applicants for asylum in Member States – Directive 2004/83 / EC – Minimum standards for the conditions to be fulfilled third country nationals or stateless persons as refugees – Person eligible status … Continue reading Public social welfare center in Louvain-La-Neuve v Abdida: ECJ 4 Sep 2014
The court was asked whether a decision by the Secretary of State for the Home Department that a second application for asylum does not amount to a fresh claim means that the asylum seeker, who had become entitled to work under Article 11, is no . .
Maurice Kay VP began: ‘It is well-known that asylum applications, even when made promptly on arrival in this country, can take months or even years before final determination through the decision-making and appellate process. This causes familiar . .
Each claimant had made a failed asylum claim, followed by another which had not been yet determined after delay. They appealed against decisions that they were not entitled to obtainn employment.
Held: The appeals succeeded. The reception . .