Calcutta HC: Award May Be Set Aside if Tribunal Rewrites Contract or Ignores Key Clauses  ||  Delhi HC Suspends Kuldeep Singh Sengar’s Life Term, Holding Section 5(C) of POCSO Not Made Out  ||  Calcutta High Court: Arbitration Clause in an Expired Lease Cannot be Invoked For a Fresh Lease  ||  Delhi High Court: 120-Day Timeline under Section 132B Of Income Tax Act is Not Mandatory  ||  NCLAT Reaffirms That Borrower's Debt Acknowledgment Also Extends Limitation Period for Guarantors  ||  NCLAT: Oppression & Mismanagement Petition Cannot Be Filed Without Company Membership on Filing Date  ||  Supreme Court Quashes Rajasthan Village Renaming, Says Government Must Follow its Own Policy  ||  NCLAT: NCLT Can Order Forensic Audit on its Own, No Separate Application Required  ||  NCLAT Reiterates That IBC Cannot be Invoked as a Recovery Tool for Contractual Disputes  ||  Delhi HC: DRI or Central Revenues Control Lab Presence in Delhi Alone Does Not Confer Jurisdiction    

Shiraz Baig Mirza v. Bevándorlási és Állampolgársági Hivatal - (08 Mar 2016)

ECJ keeps door open for deporting asylum seekers

Human Rights

If the exodus of asylum seekers from war torn countries into Europe was not a handful, Member States of the European Union are now grasping with the modalities of returning unauthorised to ‘safe third countries’.

In the instant case , the applicant, a Pakistani national, entered Hungary from Serbia, and without authorisation left for the Czech Republic. Eventually returned by Czech authorities to Hungary, where his application for international protection was rejected as inadmissible, the Hungarians decided to send him to Serbia, the safe third country. The national court referred to the European Court of Justice a question on the conditions in which a Member State could propose sending the applicant to a safe third country, without examining the substance of the application.

The Advocate General opined thus: the applicant had not shown good faith by leaving Hungary before the procedure was complete, which was to be rightly regarded as withdrawal of application. An application for international protection could not deprive the Member State of its ‘responsibility’ of sending the applicant to a safe third country. Finally, Member States cannot be forced to continue examining applications for international protection after the same was discontinued on valid legal grounds.

Tags : PAKISTAN   SAFE THIRD COUNTRY   INTERNATIONAL PROTECTION  

Share :        

Disclaimer | Copyright 2025 - All Rights Reserved