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Country of Applicant: Bangladesh
Keywords: Accelerated procedure, Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Safe third country
When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.
Article 5 cannot be considered as ratione materiae...
Date: 21-11-2019
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Accelerated procedure, Dependant (Dependent person), Dublin Transfer, Effective access to procedures, Family member, Family reunification, Family unity (right to), First country of asylum, Inadmissible application, Individual assessment, Manifestly unfounded application, More favourable provisions, Personal interview, Safe third country
The case concerns an application for the annulment of the decision of the Appeals Committee which rejected the applicant’s previous application to overturn the decision of the Regional Asylum Office of Samos whereby he was denied international protection. The Court determined that the case was inadmissible, accepted the relevant justifications given by the Appeals Committee and rejected the application.
Date: 13-04-2018
Country of Applicant: Mali
Keywords: Accelerated procedure, Effective access to procedures, Effective remedy (right to), Manifestly unfounded application, Personal interview
If an application for protection has been heard at first instance and the applicant there had the opportunity of a full examination including a personal interview and was given a transcript or report of the interview; and if it was there determined that the application is manifestly unfounded; then EU asylum law in particular Directive 2013/32/EU allows the national court or tribunal to dismiss an appeal without allowing the applicant a further opportunity to be heard.
However, a hearing may be conducted if the court hearing the appeal considers it necessary for the purpose of...
Date: 26-07-2017
Country of Decision: United Kingdom
Country of Applicant: Eritrea
Keywords: Accelerated procedure, Dublin Transfer, Effective access to procedures, Family member, Family unity (right to), Unaccompanied minor, Vulnerable person
The imposition of a "one-off" expedited procedure in France for unaccompanied children wishing to reunite with their family in the UK fell within the framework of the Dublin Regulation. The failure by the UK Secretary of State to give full effect to the Dublin Regulation (most notably Article 17) and the Commission’s Implementing Regulation was unlawful and as a consequence the applicant was deprived of a series of procedural safeguards and protection.
In addition the applicant’s procedural rights have been violated by virtue of the procedural deficiencies and shortcomings...
Date: 05-06-2017
Country of Applicant: Bangladesh
Keywords: Accelerated procedure, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Indirect refoulement, Inhuman or degrading treatment or punishment, Non-refoulement, Procedural guarantees, Safe third country
The procedure applied by the Hungarian authorities in considering Serbia a ‘Safe Third Country’ was not appropriate to provide the necessary protection against a real risk of inhuman and degrading treatment. The schematic reference to the Hungarian Government’s list of safe third countries and disregard of country reports by reputable international organisations imposed an unfair and excessive burden of proof on the applicants, breaching the effective procedural guarantees provided for in Article 3 and subjecting them to inhuman or degrading treatment due to a possible “chain-...
Date: 14-03-2017
Country of Decision: United Kingdom
Country of Applicant: Gambia
Keywords: Accelerated procedure, Credibility assessment, Detention, Effective access to procedures, Legal assistance / Legal representation / Legal aid, Medical Reports/Medico-legal Reports, Procedural guarantees, Reception conditions, Sexual orientation, Torture, Vulnerable person
The detention of an asylum-seeker who claimed he had been tortured because of his sexual orientation was unlawful in part.
Date: 17-06-2016
Country of Decision: Belgium
Country of Applicant: Palestinian Territory
Keywords: Accelerated procedure, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Right to remain pending a decision (Suspensive effect), Visa
The applicant challenged the Belgian Minister of Asylum and Migration’s decision not to grant him a humanitarian visa via an emergency application before the CALL. He relied on the following grounds: inter alia, (i) his medical condition and (ii) the poor living conditions of the West Bank in Palestine.
The CALL decided (i) these two elements justified an urgent decision, (ii) there was a risk of serious prejudice which would be difficult to remedy if the Minister’s decision was enforced, and (iii) there were serious grounds for invalidating the Minister’s decision since...
Date: 25-05-2016
Country of Decision: Netherlands
Country of Applicant: Mali
Keywords: Accelerated procedure, Country of origin information, Individual assessment, Internal protection, Manifestly unfounded application, Personal circumstances of applicant, Unaccompanied minor
The three cumulative prerequisites for an internal protection alternative are not fulfilled, as it cannot be reasonably expected of the refugee to settle in the proposed part of the country. The UNHCR’s reasonability test is comparable with the national legislation’s one and UNHCR defines the internal protection alternative as ‘unreasonable’.
Date: 07-04-2016
Country of Decision: United Kingdom
Country of Applicant: Iran
Keywords: Accelerated procedure, Access to the labour market, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Final decision, Health (right to), Legal assistance / Legal representation / Legal aid, Medical Reports/Medico-legal Reports, Non-refoulement, Obligation to give reasons, Procedural guarantees, Request to take back, Return, Right to remain pending a decision (Suspensive effect), Safe third country, Standard of proof, Subsequent application
The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims. A further right to appeal remained with the Cypriot Supreme Court. The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.
The Court concluded that there was no real risk that the...
Date: 01-03-2016
Country of Decision: United Kingdom
Keywords: Accelerated procedure, Detention, Effective access to procedures, Procedural guarantees
The Court of Appeal upheld the High Court’s judgment in reaffirming that the procedural rules governing an appeal against a negative decision on asylum conducted under the Detained Fast Track (DFT) system are ultra vires and thus unlawful.
Date: 29-07-2015
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