EDAL case summaries
Country of Applicant: Afghanistan, Iran
Keywords: Accommodation centre, Detention, Inadmissible application, Material reception conditions, Reception conditions, Return, Safe third country, Subsequent application
1. A change of the destination country in a return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy in compliance with Article 47 CFREU.
2. The national legislation providing for a safe transit country ground applicable in the present case is contrary to EU law.
3. The obligation imposed on a third-country national to remain permanently in a closed and limited transit zone, within which their movement is limited and monitored, and which the latter cannot...
Date: 14-05-2020
Country of Decision: Greece
Country of Applicant: Afghanistan, Iran
The Court held that where asylum applicants are prevented from obtaining necessary documentation that would allow them to be granted a license to marry, due to their severed ties with their countries of origin, a simple statutory declaration will suffice as proof that there are no legal obstacles preventing them from getting married.
Date: 31-10-2017
Country of Decision: United Kingdom
Country of Applicant: Afghanistan, Iran, Iraq
Keywords: Detention, Dublin Transfer, Inhuman or degrading treatment or punishment
The judgment examined whether returns of asylum seekers to Bulgaria would be contrary to their Article 3 rights. The court held that the Bulgarian system has significantly improved since the UNHCR report in 2014 which prohibited returns of asylum seekers. As a result the returns would not be in breach of Article 3.
Date: 18-04-2016
Country of Decision: United Kingdom
Country of Applicant: Afghanistan, Iran
Keywords: Child Specific Considerations, Credibility assessment
In this case the applicants argued unsuccessfully that the decision of the UK designated authority for determining asylum claims (the Secretary of State for the Home Department) regarding an applicant’s age should be accepted by other government bodies.
Date: 07-11-2012
Country of Applicant: Afghanistan, Iran, Nigeria
Keywords: Dublin Transfer, Effective access to procedures, Effective remedy (right to), Material reception conditions, Non-refoulement, Responsibility for examining application, Safe third country
This case concerned the concept of ‘safe country’ within the Dublin system and respect for fundamental rights of asylum seekers. The Court held that EU law prevents the application of a conclusive presumption that Member States observe all the fundamental rights of the European Union. Art. 4 Charter must be interpreted as meaning that the Member States may not transfer an asylum seeker to the Member State responsible within the meaning of the Regulation where they cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of asylum seekers in that...
Date: 21-12-2011
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- Detention 2
- Dublin Transfer 2
- Material reception conditions 2
- Safe third country 2
- Accommodation centre 1
- Child Specific Considerations 1
- Credibility assessment 1
- Effective access to procedures 1
- Effective remedy (right to) 1
- Inadmissible application 1
- Inhuman or degrading treatment or punishment 1
- Non-refoulement 1
- Reception conditions 1
- Responsibility for examining application 1
- Return 1
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- United Kingdom 2
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