EU Immigration and Asylum Law and Policy Droit et Politique de l'Immigration et de l'Asile de l'UE

EUAA Mid-Year review of asylum trends

10 September 

The European Union Agency for Asylum (EUAA) published the 2026 Mid-Year Review of the Latest Asylum Trends. In the first half of the year, EU+ countries received around 332 000 asylum applications, which represents a 17 % decrease compared to the same period last year. It reflects both a different mix of nationalities applying, given the fragile but ongoing political transition in Syria, but also the EU’s efforts in cooperating with countries of origin and transit. The escalation of hostilities in the Middle East has not translated into an increase in asylum applications in the EU+. #Policy

Border Foreniscs Report on Pushbacks to Belarus

8 September 

Border Forensic published its report ‘The Death Zone – The Making of a Lethal Pushback Regime Across the Polish–Belarusian Borderlands’, documenting 102 deaths since 2021 along the Polish and Belarusian border and unveiling  the ‘lethal pushback regime’ that has consolidated over the years in response to the  instrumentalization of migrants by Belarus. #Pusbacks #Instrumentalization 

CEUTA 

8 September 

The Mayor-President  of Ceuta Juan Jesús Vivas called on Brussels to increase funding for the EU’s only border with Africa.  #Policy #Ceuta

ECtHR: A.A. v. the Netherlands 

8 September

The ECtHR issued its judgement in A.A. v. the Netherlands. The Case concerns the Dutch authorities’ refusal to issue residence permits for five minor children born of the polygamous marriages of a Yemeni applicant staying in the Netherlands under a permanent asylum residence permit.

In essence, the Court found that the Dutch authorities had struck a fair balance between the interests of the applicant and those of the State. It emphasized that in establishing an immigration policy taking into consideration family ties, a State  does not violate the right to respect for private and family life under Article 8 of the Convention when it does not give recognition to polygamous marriages which are in conflict with its own legal order. #CaseLaw #FamilyReunification

Natalie Gruber and Front-LEX launch case before the CJEU against the EDPS

7 September

Natalie Gruber, an Austrian human rights activist criminalized in Greece for monitoring and reporting pushbacks from Greece to Turkey, together with the NGO Front-LEX,  filed a case before the CJEU seeking compensation from the  European Data Protection Supervisor (EDPS) for the harm caused by the Agency’s failure to protect her rights. #CriminalizationofActivists

‘The Group of Five’ meets regarding return-hub plans

4 September

Germany, Austria, Greece, Denmark and the Netherland, known as ‘The group of five‘ met in Denmark to agree on concrete steps towards a deal with a non-European Union country on return facilities. They plan to reconvene in Munich by the end of September. No precise third country has yet been announced. #Policy #Return

CJEU: AG Opinion – C-218/25 Wompou

3 September 

The Advocate General Norkus issued his advisory opinion on case Wompou C-218/25. The case concerns the conditions of detention of a third-country national detained in the Netherlands and subject to a return procedure pursuant to the 2008 Return Directive.

The Court is notably requested to clarify its jurisprudence in Landkreis Gifhorn to expand on the notion of ‘specialised detention facilities’ under Article 16(1) of the Directive, and inter alia, to specify the strictly necessary constraints that Member States need to observe in the ‘specialised detention facilities’ to ensure the effective preparation for the third-country nationals’ removal. The Court is also asked to address to what extent and under which judicial review can Member States impose additional constraints that are not directly related to the purpose of detention.

In his Opinion, Advocate General Norkus suggests interpreting Article 16(1) of the 2008 Return Directive as meaning that Member States can impose constraints insofar as they are not punitive in nature or render detention similar to the conditions under which custodial sentences are enforced in prison accommodation. Any constraint limiting rights and freedoms guaranteed by the Charter, must comply with the principle of proportionality and the prohibition of inhuman and degrading treatment. The Opinion also suggests that the cumulative conditions of detention of third-country nationals under the Return Directive must be subject to strict judicial review by the competent national judicial authority. #CaseLaw #Return

CJEU: AG Opinion – C-394/25 Volta 

3 September.

The Advocate General Spielmann issued his advisory opinion on Case C-394/25 Volta. The request for preliminary ruling seeks to clarify whether the Family Reunification Directive, together with the principle of non-discrimination and equal treatment, allow for a national legislation to apply a distinction on the ground of nationality to exempt certain applicants to meet the integration requirement abroad.

In his Opinion, Advocate General Spielmann proposes that the Court interpret Article 7(2) of the Family Reunification Directive as not precluding national legislation from distinguishing applicants on the ground of nationality to exempt certain third-country nationals from the examination of the integration requirement abroad. #CaseLaw #FamilyReunification