Latest News


Slovakia: Suspension of Dublin returns to Hungary

Date: 
Thursday, July 21, 2016

On 21 July 2016, the Ministry of Interior of Slovakia confirmed that all Dublin returns from Slovakia to Hungary have been suspended as of 15 June 2016. The suspension was based on the Hungarian government’s decision not to accept Dublin requests.

Netherlands: Dublin transfer of vulnerable asylum seekers to Italy without individual guarantees regarding their reception conditions in breach of Article 3 ECHR

Date: 
Friday, July 29, 2016

On 18 July 2016, the District Court of The Hague ruled upon the requirement of individual guarantees regarding the Dublin transfers of vulnerable asylum seekers to Italy.
 

ECtHR - U.N. v. Russia (no. 14348/15), [Articles 3, 5 § 4], 26 July 2016

Date: 
Tuesday, July 26, 2016

The Third Section of the European Court of Human Rights has given its ruling in the case of U.N. v. Russia (no. 14348/15).

Latest Cases


Country of Decision: Italy , Country of Applicant: Nigeria , Keywords: Access to the labour market, Armed conflict, Burden of proof, Country of origin information, Credibility assessment, Duty of applicant, Indiscriminate violence, Obligation/Duty to cooperate, Persecution (acts of), Personal circumstances of applicant , Date of Decision: 02-12-2014

The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of  violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response

Country of Decision: Italy , Country of Applicant: Liberia , Keywords: Final decision, Persecution (acts of), Refugee Status, Sexual orientation , Date of Decision: 05-03-2015

When assessing an asylum application, a judge shall consider as relevant both the applicant’s homosexuality as well as the fact that homosexuality is considered a crime in the country of origin of the applicant. Moreover, the judge shall base its reasoning not only on the assessment of credibility of the applicant, but also on the actual situation in the country of origin, which has to be verified through its own power of investigation.

Country of Decision: Hungary , Country of Applicant: Nigeria , Keywords: Credibility assessment, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Sexual orientation , Date of Decision: 01-06-2016

The applicant is a Nigerian gay man whose credibility was questioned by the asylum authority (OIN) and his application was rejected. The court, however, found that the applicant’s statements were coherent and credible. The court found also that the psychological examination of the applicant’s sexual orientation cannot be accepted because it is humiliating and violates the right to private life.

Having restored credibility the court quashed the administrative decision and ordered a new procedure where the situation of the applicant and other gay men in Nigeria must be assessed.    

About EDAL


The European Database of Asylum Law (EDAL) is an online database co-ordinated by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 19 EU Member States, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The summaries are published in English and in the relevant Member State’s national language.

For more information please see here.

If you are interested in contributing an article on a relevant subject to the EDAL blog or would like to inform us about an important national judgment, please kindly send an email to Amanda Taylor (ataylor@ecre.org) or Julia Zelvenska (jzelvenska@ecre.org).