SC Halts NCDRC Order Granting Compensation to Rajasthan Royals for Sreesanth, Citing No Match Played  ||  SC Warns TN Police Media Statements May Affect Impartiality of Karur Stampede Probe  ||  SC: Challenge to State Consent for CBI Probe Must be Raised Soon After FIR  ||  SC: Magistrates Can Order Voice Samples From Witnesses, Not Just Accused, No Article 20(3) Breach  ||  Orissa HC: Informant Can be Made Accused if Involved, No Separate FIR Needed  ||  Gujarat HC Directs CBDT to Extend ITR Filing Deadline to Nov 30 for Audit Assesses  ||  Bombay HC Awards ?6 Lakh for Pothole Deaths, Urges Accountability for Civic Bodies  ||  Delhi HC: Call Records & Locations Admissible under NDPS Act If Privacy is Protected  ||  Delhi HC: Trial Court Barred from Reopening Limitation Once HC Condoned Delay  ||  Delhi High Court: Tenant Cannot Dispute Landlord's Title During Tenancy    

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