CJEU, EU Law, Returns Directive, Schengen Border Code

AG Szpunar on the Returns Directive

In Case C-444/17 Préfet des Pyrénées-Orientales v Abdelaziz Arib, Procureur de la République, Procureur général près la cour d’appel de Montpellier, Advocate General Szpunar proposes that the Court should rule that the ‘Returns Directive’ must be applied to third-country national where internal border controls have been reinstated. Mr Abdelaziz Arib, of Moroccan nationality, was checked, in French territory near to the land border between France and Spain, aboard a coach coming from Morocco. He had previously been subject to an expulsion order removing him from French territory. Suspected of having entered French territory illegally, he was arrested and held in policy custody and the préfet des Pyrénées- Orientales (Prefect of the Département of Pyrénées-Orientales, France; ‘the préfet’) adopted an order requiring him to leave French territory and ordered his administrative detention. His detention in police custody was rescinded by the tribunal de grande instance de Montpellier (Regional Court, Montpellier, France) and, as a consequence, the subsequent proceedings, including the administrative detention, since it was not possible to place him in custody. The cour d’appel deMontpellier (Court of Appeal, Montpellier, France) confirmed the decision and the préfet appealed to the Cour de cassation (Court of Cassation, France).

The principle of freedom of movement within the Schengen Area entails an absence of border control of persons crossing the internal borders between the Member States. The check at issue was made in June 2016 during the period of temporary reinstatement in France of internal border controls. Since France had declared a state of emergency, checks at the internal borders, in accordance with the provisions of the Schengen Border Code or Regulation (EU) 2016/399 had been reinstated in the fact of a serious threat to public policy or internal security.

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Adoption, Guidance, Jamaica, UTIAC

Guidance on Overseas Adoptions and Certificates of Eligibility

In TY ( Overseas Adoptions – Certificates of Eligibility) Jamaica [2018] UKUT 197 (IAC), the UTIAC gave the following guidance:

In cases where an adoption is not recognised by the law of the United Kingdom :

(i)                  The Tribunal should be aware of the underlying legal process in each part of the Kingdom by which a Certificate of Eligibility is issued.

(ii)                The Certificate of Eligibility is the definitive outcome of the fact-finding and assessment that underlies it.

(iii)              Whilst there is no exact correlation between the requirements that are to be met in the law of adoption and the requirements to be met under the Immigration Rules in order for a minor to be admitted for the purposes of adoption, they ought properly to be seen as a unified whole where each plays its part in determining whether entry clearance should be granted.

(iv)              The Certificate of Eligibility is capable of informing the decision to be made on the application for entry clearance. In particular, the Immigration and Asylum Chamber should be slow to depart from the underlying circumstances (insofar as they can reasonably be ascertained) which are the subject-matter of the Certificate of Eligibility.