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The Human Rights of Migrants and Refugees in European Law$
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Cathryn Costello

Print publication date: 2015

Print ISBN-13: 9780199644742

Published to Oxford Scholarship Online: March 2016

DOI: 10.1093/acprof:oso/9780199644742.001.0001

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Immigration Detention

Immigration Detention

(p.279) 7 Immigration Detention
The Human Rights of Migrants and Refugees in European Law

Cathryn Costello

Oxford University Press

The chapter examines how international human rights law and EU law confront immigration detention, revealing that the protections against immigration detention are weaker than against other forms of detention. The tension between the right to liberty and migration control prerogatives has been mediated both before the ECtHR, which has a specific provision on immigration detention in Article 5(1)(f) ECHR, and in EU law. The CJEU has become part of the apparatus of supranational human rights adjudication over the bulk of immigration detention by EU Member States. A complex field of pluralistic interactions has emerged, with mixed results of human rights.

Keywords:   immigration detention, pre-deportation detention, Returns Directive, asylum seekers, Dublin System, proportionality

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