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Advocate General Bot delivers Opinion in CJEU case on detention pursuant to the Dublin III Regulation

DATE: 14 Mar 2017

Advocate general has delivered his Opinion in Case C-60/16 Khir Amayry. The case was a preliminary reference from Sweden concerning the detention powers under Article 28 of the Dublin III Regulation on the allocation of responsibility for the handling and determination of claims for asylum and international protection in the EU. The Swedish Court referred a series of questions concerning the point at which time started to run for the purposes of the time limits on detention in Article 28, whether separate time limits arose after the end of a suspensive appeal and whether it was relevant that an individual had not applied for such an appeal to have suspensive effect. The case is important because it will determine how to calculate the total permissible periods of detention for individuals detained pending removal pursuant to the Dublin III system. Advocate General Bot has advised that the six week period for detention should run from the point at which a person is detained, that a fresh period arises after the end of any suspensive appeal or review and that certain provisions of the Swedish law in this field are not compatible with the requirements of the Regulation. 

David Blundell represented the United Kingdom Government, who intervened in the case.