Latest News

Italy: Withdrawal of Dublin transfer to Latvia on the grounds of systemic deficiencies violating human rights

Thursday, October 17, 2019

On 17 October 2019, the Tribunal of Rome withdrew a decision relating to a Dublin transfer to Latvia due to well-founded risk of inhuman treatment upon return.

Before arriving in Italy, the applicant spent nine months in Latvia where he claims that he was forced to live in a closed facility without access to legal support while his asylum proceedings were ongoing.

Greek Appeals Committee: Subsidiary protection status granted to Venezuelan family

Friday, February 7, 2020

The 7th Appeals Committee recently delivered a decision on the international protection needs of a family of Venezuelan nationality.

Communicated cases against Greece (Application No. 65275/19), the Netherlands and Italy (App no. 48062/19), Russia (App No. 48352/19), and Sweden (App No. 50449/18)

Friday, February 7, 2020
  • W.S v Greece (Application No. 65275/19): The applicant is an unaccompanied child from Afghanistan. He complains that due to his status as a minor and his health conditions that he was subject to inhuman and degrading treatment contrary to Article 3 ECHR. He also complains that the treatment of his asylum request violated his rights under Article 8 (1) ECHR.

Latest Cases

Country of Applicant: Kosovo , Keywords: Assessment of facts and circumstances, Family unity (right to), Personal circumstances of applicant, Return , Date of Decision: 09-04-2019

It is necessary to make a proportionality assessment with consideration of both the gravity of the crime committed by the applicant and the interests of society, and the applicant’s individual rights, particularly his right to private and family life under Article 8.

The Federal Administrative Court failed to fully assess the impact that the measure of removal would have on the applicant. The evolution of the applicant's conduct since the occurrence of the crime, the applicant’s deteriorating medical condition, and his social, cultural and family ties in the host country were not sufficiently examined in the decision. The failure to assess the proportionality of the removal order and amounted to a violation of Article 8 of the Convention.

Country of Applicant: Unknown , Keywords: Discrimination, Integration measures, Refugee Status, Subsidiary Protection, Temporary protection , Date of Decision: 21-11-2018

Persons entitled to refugee protection should be accorded the same treatment regarding assistance as provided to nationals of the Member State. Article 29 Directive 2011/95 and Article 23 Geneva Convention do not make this treatment dependant on the length of the applicant’s stay in the Member State. 

A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that legislation.

Country of Decision: Italy , Country of Applicant: Mali , Keywords: Country of origin information, Effective access to procedures, Inadmissible application , Date of Decision: 13-09-2018

Neither the omission nor the delay of the Immigration Office can deprive an asylum applicant of the right to obtain the rehearing of their legal status in case of a change in the circumstances in their country of origin. 

About EDAL

The European Database of Asylum Law (EDAL) is an online database managed by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 22 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 Stavros Papageorgopoulos (