EDAL case summaries
Country of Decision: Slovakia
Country of Applicant: Afghanistan
Keywords: Detention, Return, Right to remain pending a decision (Suspensive effect)
The Respondent erred in detaining the Applicant under § 88a (1)(a) point 1 of Act No 404/2011 Coll. on the residence of aliens and amending certain other Acts in proceedings relating to administrative expulsion to the Ukraine, despite being aware of the Applicant’s intention to apply for asylum. The Respondent also incorrectly assessed whether Ukraine is a safe third country as he failed to take into account recent information on the current situation in Ukraine. Moreover, in assessing the risk of absconding, the Respondent asked improper questions. As such the Respondent's conduct...
Date: 29-07-2014
Country of Decision: Slovakia
Country of Applicant: Iran
Keywords: Country of origin information, Family reunification, Family unity (right to)
It is the duty of the administrative authority to establish all of the facts that are important in a procedure, and thus to complete the background information for a decision to the extent that it forms a reliable basis for the decision-making itself.
The administrative authority is not relieved of this duty even with regard to the provisions of Section 34(3) of Act No 71/1967 Coll. on administrative procedure (hereinafter the “Administrative Procedure Code“), according to which the participants in a procedure must put forward the evidence that is known to them in support of their...
Date: 21-03-2012
Country of Decision: Slovakia
Country of Applicant: Afghanistan
Keywords: Burden of proof, Obligation to give reasons, Revocation of protection status
The procedure of the Court did not include decisive evidence for an assessment of whether, as a ground for revoking protection status, the complainant represented a danger to the security of the Slovak Republic, thereby infringing the complainant’s right to respond to all of the evidence, under Article 48(2) of the Constitution of the Slovak Republic and under Article 38(2) of the Charter of Fundamental Rights and Freedoms in conjunction with Article 13(4) of the Constitution of the Slovak Republic and Article 4(4) of the Charter of Fundamental Rights and Freedoms. The basis on which the...
Date: 20-02-2012
Country of Decision: Slovakia
Country of Applicant: Guinea
Keywords: Effective remedy (right to), Final decision
Date: 30-11-2011
Country of Decision: Slovakia
Country of Applicant: Afghanistan
Keywords: Dublin Transfer, Inhuman or degrading treatment or punishment, Torture
The Constitutional Court did not unreservedly uphold the judgment of the Supreme Court. The Appellant in the case sought protection of his rights under Article 3 of the ECHR (and fundamental rights under Article 16(2) of the Constitution), which, in comparison with the other human rights and fundamental freedoms defined in the Convention, is characterised by an absolute and collective guarantee. In view of this, the Constitutional Court found that the standards of protection arising from Article 3 of the Convention (and Article 16(2) of the Constitution) should have been applied in the...
Date: 31-05-2011
Country of Decision: Slovakia
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Revocation of protection status
The Respondent concluded that the Appellant represents a danger to the security of the Slovak Republic, although there was no information in the administrative file on the basis of which it might reach such a conclusion (valid premise). It is thus a clear case of the findings of fact (that the Appellant represents a danger to the security of the Slovak Republic) being in conflict with the contents of the file. Such a situation constitutes a ground for setting aside a contested decision under the provisions of Section 250j(2) of the Civil Procedure Code.
If the Respondent had...
Date: 12-05-2011
Country of Decision: Slovakia
Country of Applicant: Afghanistan
Keywords: Dublin Transfer, Inadmissible application, Medical Reports/Medico-legal Reports, Reception conditions
In the opinion of the appeal court, the fact that the defendant disregarded the documents submitted by the applicant in support of his request for an application of Article 3(2) of the Dublin Regulation, and omitted to present an argument in the decision as to why it had not upheld the application, fails to satisfy the requirements of the generally accepted legal principles of administrative procedure, because the outcomes of these actions were not assessed and justified in the decision.
Date: 18-01-2011
Country of Decision: Slovakia
Country of Applicant: Algeria
Keywords: Exclusion from protection, Persecution Grounds/Reasons, Political Opinion, Terrorism
Even if an asylum applicant meets the conditions for provding subsidiary protection, he will be excluded from eligibility for subsidiary protection if there are serious grounds for believing that he represents a danger to society or a danger to the Member State in which he is staying.
It follows from the decision of the European Court of Human Rights that signatory states to the Convention (Convention for theProtection of Human Rights and Fundamental Freedoms) are under an obligation not to hand over/deport a person to a country where he might be at risk of treatment which is...
Date: 30-03-2010
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