Detention and the common European Asylum System – Alasdair Henderson and Suzanne Lambert
The highlights of the Public Law Seminar given by members of 1 Crown Office Row are now available for podcast download here or from iTunes under Law Pod UK, Episodes 13, 14 and 15. For ease of reference the following three posts set out the introductions to each of the presentations and the case citations.
For non-Apple devices the podcasts are available via the Audioboom app.
Click on the heading for PDF copies of each of the presentations.
Issues:
- Detention in UK pending transfer to another Member State;
- Detention in another Member State pending transfer to the UK;
- Risk of detention in another state as grounds for resisting transfer.
Common European Asylum System
- the Dublin III Regulation (Council Regulation (EC) No 604/2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national).
- the Reception Directives (Council Directive 2013/33/EU laying down minimum standards for the reception of asylum seekers (“the recast Reception Directive”). The UK has opted out of the recast version, and remains governed by the previous version: Council Directive 2003/9/EC laying down minimum standards for the reception of asylum seekers)
- the Qualification Directives (Council Directive 2011/95). Again, this the recast Qualification Directive does not apply to the UK. The UK remains governed by Qualification Directive 2004/83/EC).
- the Procedures Directives (Council Directive 2013/32/EU on common procedures for granting and withdrawing international protection (“the recast Procedures Directive”). Again, this does not apply to the UK. The UK remains governed by Council Directive 2005/85/EC.
- the Eurodac Regulation (Regulation (EU) No 603/2013
Cases referred to the in podcast and PDF:
Case C-4/11 Puid v Bundesrepulik Deutschland [2014] Q.B. 346
Case C-528/15 Policie CR and others v Al Chodor and others
Pour v Secretary of State for the Home Department [2016] EWHC 401 (Admin); [2016] 2 C.M.L.R. 47
NS [2012] 2 C.M.L.R. 9
Abdullahi [2014] 1 W.L.R. 1895
EM (Eritrea) [2014] UKSC 12 .
SMM v UK [2017] ECHR 582 (22 June 2017)
YA [2017] EWHC 2135 (Admin)
OM (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 909
Muasa v SSHD (QBD (Admin Court), 27 July 2017, (unreported)
Wamala v Tascor Services [2017] EWHC 1461 (QB)
S v SSHD (QBD (Admin Court), 1 September 2017, unreported)
Miyanji v SSHD [2017] EWHC 1939 (QB)
