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EDAL case summaries

UK - Khaled v Secretary of State for the Home Department no 1, 18 April 2016

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

UK - Court of Appeal , Kadri, R (on the application of) v Birmingham, City Council & Anor, [2012] EWCA Civ 1432

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

CJEU - C-411-10 and C-493-10, Joined cases of N.S. v United Kingdom and M.E. v Ireland

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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