Latest News

UK Court of Appeal: no entitlement to indefinite leave to remain for applicant who committed crimes against humanity

Thursday, March 1, 2018

On 1 March 2018, the England and Wales Court of Appeal ruled in case Babar v. the Secretary of State for the Home Department concerning a Pakistani national who unsuccessfully applied for asylum in the UK in 2001 and was granted exceptional leave to remain since there was a real risk that he would be detained and subjected to inhuman or degrading treatment if returned.

Scotland Court of Session: no need to review its jurisprudence regarding suspension of Dublin transfer by administrative decision in the light of CJEU’s decision in Shiri

Friday, March 2, 2018

On 2 March 2018, Lord Tyre of the Scottish Court of Session delivered his opinion in the petition OM v. the Secretary of State for the Home Department, which concerned a Sudanese national who applied for asylum in July 2014 and who challenged the Secretary of State decision to transfer him to Bulgaria under the Dublin III Regulation (DRIII).

Netherlands: District Court of the Hague invalidates provisions of national law in breach of recast Reception Conditions Directive

Wednesday, January 24, 2018

On 24 January 2018, the District Court of The Hague ruled in case AWB 17/13382 which concerned an asylum applicant whose application was considered manifestly unfounded and who received a return decision accompanied by a ten-year entry ban. The applicant appealed against these decisions.

Latest Cases

Country of Applicant: Bosnia and Herzegovina , Keywords: Discrimination, Family reunification, Family unity (right to) , Date of Decision: 23-02-2016

Same-sex couples are not excluded from the ambit of the Convention’s family life and cohabiting is not a pre-requisite of establishing family life.

A difference in treatment between persons in relevantly similar positions has occurred in this case since the Croatian Aliens Act has made no provision for same-sex couples seeking a residence permit to join their respective partner, whereas it did contain provisions relating to married and unmarried different-sex couples. The applicant had, therefore, experienced a difference in treatment based on her sexual orientation which had not been justified with weight reasons by the Croatian government. Croatia had, thus, violated Article 14 read in conjunction with Article 8.

Country of Applicant: Somalia , Keywords: Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment , Date of Decision: 12-01-2013

The holding of two Somali nationals in a Maltese detention centre is declared not to be a violation of Article 3 of the Convention; the cumulative effect of the conditions of detention did not amount to inhuman treatment.  The Court accepted that the detention, although lengthy, fell within Article 5 (1) (f). However, the Court declares a violation of Article 5 (4) as the applicants did not have access to judicial review of the decision to detain them, hence they could not challenge the lawfulness of detention. 

Country of Applicant: Somalia , Keywords: Detention, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Return , Date of Decision: 03-05-2016

The detention of a Somalian national is declared by the European Court of Human Rights to constitute a violation of Articles 3, 5 (4) and 5 (1). The cumulative effects of the detention conditions amounted to inhuman and degrading treatment and the detention could not be deemed lawful due to the lack of an effective remedy during detention and insufficient justification under Article 5 (1) (f). 

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 20 European 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 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 ( or Julia Zelvenska (