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Australia/Papua New Guinea: Supreme Court Rules Asylum-Seeker Detention Is Unconstitutional

(May 2, 2016) On April 26, 2016, the Papua New Guinea Supreme Court ruled that the detention of asylum seekers at a facility on Manus Island, Papua New Guinea, which was established under an arrangement with Australia, is a breach of their right to personal liberty under the Papua New Guinea Constitution. (Namah v Pato [2016] […]

Austria: State of Emergency Legislation Being Considered to Limit Refugee Numbers

(Apr. 19, 2016) A legal opinion commissioned by the Austrian government and delivered in March 2016 found that the plan of the Austrian Federation, states, municipalities, and cities to impose an upper limit on the amount of refugees, if the limit is understood as an absolute number, violates international and European Union law. According to […]

Finland/Russian Federation: Agreements Concluded to Stem Migrant Flow

(Apr. 7, 2016) Finland and Russia have concluded two agreements on cross-border traffic designed to reduce the flow of illegal immigrants into the Eastern Lapland region of Finland. According to Päivi Nerg of Finland’s Ministry of the Interior, the two countries have been concerned about the number of migrants travelling in a westward direction into […]

Netherlands: Ministerial Letter Issued to New Asylum Seekers

(Mar. 14, 2016) On February 18, 2016, the State Secretary for Security and Justice of the Netherlands, K.H.D.M. Dijkhoff, issued a letter to asylum seekers advising them that the total period within which the Immigration and Naturalisation Service (IND) will make a decision on requests for asylum by new asylum seekers will be extended to […]

Hungary/Sweden: Sweden Stops Deportation and Relocation of Asylum Seekers to Hungary

(Mar. 4, 2016) On March 2, 2016, the Swedish Migration Court of the Stockholm Administrative Court revoked the decision by the Swedish Migration Authority to send asylum seekers who had sought asylum both in Sweden and in Hungary back to Hungary in conformity with the Dublin Regulation. (Press Release, Migration Court of Stockholm Administrative Court, […]

Netherlands: List of Safe Countries of Origin for Asylum Purposes Expanded

(Feb. 12, 2016) On February 9, 2016, the State Secretary for Security and Justice of the Netherlands, Klaas Dijkhoff, announced that he will add six jurisdictions to the country’s list of safe countries of origin; persons from countries on this list are deemed presumptively ineligible for asylum. The new additions are Ghana, India, Jamaica, Morocco, Mongolia, and Senegal, although Morocco […]

Germany: Proposed Tightening of Asylum Rules

(Feb. 8, 2016) On February 3, 2016, the German government agreed on a set of stricter asylum measures (“Asylum Package II”). The Asylum Package II would accelerate the asylum application process; suspend family reunification for refugees with subsidiary protection status for a period of two years; decrease asylees’ monthly cash benefits; facilitate deportation; establish a […]

Australia/Nauru: High Court Rules Offshore Detention of Asylum Seekers Is Lawful

(Feb. 5, 2016) On February 3, 2016, the High Court of Australia, Australia’s highest court, held in a 6-1 decision that the government is legally able to participate in the detention of asylum seekers in the Pacific island country of Nauru; this means that a number of people who were brought to Australia to receive […]

Austria: Newly Proposed Measures on Asylum and Refugees

(Feb. 5, 2016) On January 20, 2016, the Austrian Federation and the Austrian states, as well as the municipalities and cities, came to an understanding on an upper limit of 127,500 refugees that will be allowed to apply for asylum in Austria over the course of the next four years. If implemented into binding legislation, […]

Denmark: Law to Stem Asylum-Based Immigration

(Feb. 1, 2016) On January 26, 2016, the Danish Parliament, in a vote of 81 to 27 (with 70 absentees), adopted several measures meant to reduce the number of asylum seekers arriving in Denmark. (Forslag til lov om ændring af udlændingeloven [Bill of the Law on Amending the Aliens Act] (final text of the proposal […]