Latest News


UK: Home Office breached duties towards potential victims of trafficking and sexual minorities in DFT

Date: 
Thursday, July 9, 2015

The High Court has approved an order declaring that the Home Office unlawfully detained three potential victims of trafficking in the Detained Fast Track (‘DFT’) system for processing asylum claims. 

France: Administrative Tribunal of Nantes annuls Dublin transfer to Italy

Date: 
Friday, July 24, 2015

The Administrative Tribunal of Nantes has annulled a decision by the Prefecture of Loire-Atlantique to transfer a single, Congolese man to Italy under the Dublin III Regulation.
 

Latest Cases


Country of Applicant: Tunisia , Keywords: Detention, Non-refoulement, Refugee Status, Inhuman or degrading treatment or punishment , Date of Decision: 04-09-2014

The ECtHR has unanimously held that Belgium, in extraditing a Tunisian national to the US, where he was under prosecution on charges linked to Al-Qaeda, without any regard to the interim Rule 39 measure issued by the Court suspending the extradition, had violated both Article 3 and Article 34 (right to individual applications)of the ECHR.

Country of Applicant: Sierra Leone , Keywords: Effective remedy (right to), Refugee Status, Material reception conditions, Reception conditions , Date of Decision: 09-12-2013

Examining the applicant’s complaints of unlawful detention, absence of information on the specific reasons of his detention and lack of access to effective remedies, the Court found a violation of Article 5 para 1 and Article 5 para 4 of the Convention. 

Country of Applicant: Afghanistan , Keywords: Effective remedy (right to), Detention, Inadmissible application, Refugee Status, Inhuman or degrading treatment or punishment, Material reception conditions, Reception conditions , Date of Decision: 10-05-2015

The case examined the allegations of an Afghan national that his isolated living condition in the detention centre of Otopeni in Romania constituted inhumane treatment, in violation of article 3 of the Convention. He further alleged a violation of Article 5 para 4 with regards to his right to an effective remedy to challenge the effectiveness of his detention. In addition, he complained of an excessive time period in detention (more than a year). 

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 17 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).