Landmark judgment of the Strasbourg Court on push-backs in

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ITALIE (Requête no 27765/09) ARRÊT Cette version a été rectifiée le 16 novembre 2016 Moreno-Lax, 'Hirsi Jamaa v Italy', above n 55, 589–91. Page 16. 16. Melbourne Journal of International Law. [Vol 19.

198-212. Research output: Contribution to journal › Article › peer-review Grand Chamber, delivered its long-anticipated judgment in the Hirsi Jamaa and Others v Italy (Hirsi) case.1 The case was filed on 26 May 2009 by 11 Somalis and 13 Eritreans who were among the first group of 231 migrants and refugees (191 men and 40 women) that left Libya heading for the Italian coast. Halted on 6 May 2009 by three ships from 2 Hirsi Jamaa and Others v Italy (Application No 27765/09), 23 February 2012. 3 Paras 9-14 4 ASAR regionis defined inthe Annex tothe Conventionas an‘area of defined dimensions associatedwitha rescueco-ordination The European Court of Human Rights has addressed these practices with force in its 2012 Hirsi Jamaa v Italy judgement, where it found that the practice of directly returning to Libya migrants intercepted on the high seas was illegal and amounted to refoulement. In Hirsi Jamaa (supra) those dissenting opinions found purchase, with the European Court of Human Rights interpretation of the Refugee Convention and the European Convention on Human Rights (Art. 3 & Protocol No. 4, Art. 4) (ch.5). Following Hirsi Jamaa, however, the progress of this arc HIRSI JAMAA AND OTHERS v.

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Italy – push-back – asylum – non-refoulement – territorial jurisdiction – safe (third) country Denna uppsats utforskar flyktingens tillgång till mänskliga rättigheter när det gäller fallet med Hirsi Jamaa m.fl. mot Italien. 2 dagar sedan · In the case of Hirsi Jamaa and Others v. Italy (27765/09) from 2012 at the European Court of Human Rights (ECtHR), the Court discussed an incident in which the respondent party, Italy, had collectively expulsed refugees by preventing them from arriving on Italian soil.
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3 Council of the EU, Charter of Fundamental Rights of the European Union (2007/C 303/01), 14 December 2007, C 303/1 European Court of Human Right in Hirsi Jamaa and others v Italy. 1 The case – and its outcome – came about due to the Italian policy of preventing the arrival of migrants by sea on Italian territory. The fundamental question faced by the court was whether the inter-cepted migrants were within Italian jurisdiction for the purposes of the the European Court for Human Rights in Hirsi Jamaa v. Italy5 held that Italy's interdiction on the high seas of Somali and Eritrean migrants and their return to Libya from whence they had embarked without affording them the opportunity to seek asylum, violated the European Convention 1.

Although direct returns to Libya largely stopped, the Hirsi Jamaa judgment has been used as a blueprint to develop new practices to try and avoid effective control of those at sea. 2012-02-04 · The case is known as Hirsi Jamaa and Others v. Italy.
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Facts: In Hirsi Jamaa and Others v Italy (2012) Application No. 27765/09, migrants from Africa were travelling to Italy. However, the migrants were … But there is more. Yesterday, the Grand Chamber of the European Court of Human Rights strongly and unequivocally condemned the Italian policy of intercepting migrants’ boats in the Mediterranean sea and returning their unidentified passengers to Libya (Hirsi Jamaa and others v. Italy, 23 February 2012, available here; Hirsi hereinafter). 2018-11-29 2012-04-17 2012-10-04 Case of Hirsi Jamaa and Others v. Italy.pdf.