EDAL case summaries
Country of Decision: United Kingdom
Country of Applicant: Afghanistan, Eritrea, Sudan
Keywords: Accommodation centre, Dublin Transfer, First country of asylum, Humanitarian considerations, Inhuman or degrading treatment or punishment, Integration measures, Real risk, Reception conditions, Request that charge be taken, Request to take back, Responsibility for examining application, Return, Safe third country, Vulnerable person
The presumption that Italy remains in compliance with its EU and International Law obligations related to the reception and integration of asylum seekers and Beneficiaries of International Protection has not been rebutted. Asylum seekers and BIPs suffering from severe psychological trauma can be returned to Italy with no real risk of breaching article 3 ECHR, or 4 CFREU, since the Country's reception capacities have not been exceeded, while effective medical treatment is available under the same terms as to Italian nationals.
Date: 22-04-2015
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Benefit of doubt, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), First country of asylum, Health (right to), Inhuman or degrading treatment or punishment, Integration measures, Personal circumstances of applicant, Reception conditions, Refugee Status
Where negative reports regarding the reception conditions and inhuman or degrading treatment in a first country of asylum indicate that an Applicant may not be safe in such a country, an Applicant’s request to remain in a Member State pending a decision on their right to remain must be given the benefit of doubt and outweigh the public’s interest in immediate enforcement of the ordered transfer.
Date: 07-01-2015
Country of Decision: United Kingdom
Country of Applicant: Albania, Iran, Pakistan, Sudan
Keywords: Access to the labour market, Accommodation centre, Dublin Transfer, Inhuman or degrading treatment or punishment, Integration measures, Material reception conditions, Personal circumstances of applicant, Reception conditions, Safe third country
The case considered an application against the decision of the Secretary of State denying the Claimants a right of in-country appeal against the removal of the Claimants to Italy under the Dublin Regulation. The Claimants argued that their removal to Italy would expose them to a real risk of a breach of their rights under Article 3 of the European Convention on Human Rights (ECHR). The court found that there was no evidence to rebut the presumption that Italy would comply with its obligations under EU laws or of special vulnerability in the personal circumstances of any of the Claimants,...
Date: 11-06-2014
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