The foreigners whose freedom has been automatically restricted have the right to claim compensation for damages for illegal detention. In its ruling of today’s date, the Constitutional Court declared Article 5 of the Law on the Legal Status of Foreigners (the Law) as of 13 July 2021 to be contrary to Article 20 of the […]...
IDP camps cannot be considered as safe haven from violence and persecution. A standard approach of assessing asylum applications must be set to determine the place of origin/place of former habitual residence prior to displacement. UNHCR’s Guidelines on International Protection No. 12 underlines that the presence of internally displaced persons, including those who are receiving […]...
Although Reception Standards Directive 2013/33/EU does not outjudge the possibility of detaining a minor in asylum procedures, United Nations Committee on the Rights of the Child – CRC – remains consistent that no child can be detained in migration procedures. Article 11 (2) of the Directive allows detention of minors as a measure of last […]...
The notion of effective remedy, established by Article 13 of the European Convention for Human Rights requires independent scrutiny of the claim that there exist substantial grounds for fearing a real risk of treatment contrary to Articles 2 and 3 of the Convention, given the irreversible character of the removal. Actions of the Government returning persons […]...
During the declared migration emergency, in case of illegal entry to the territory of the Republic of Lithuania the foreigner can be detained for 6 months, regardless of whether the application for international protection has been submited. If the circumstances indicating the threat of illegal migration can be established, measures alternative to detention can be […]...
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