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EDAL case summaries

United Kingdom: Musud Dudaev, Kamila Dudaev and Denil Dudaev v Secretary of State for the Home Department, 12/6/2015

Country of Decision: United Kingdom
Country of Applicant: Russia (Chechnya)

The case concerns a removal from the United Kingdom to Sweden under the Dublin II Regulation. In the present case the court considered compatibility of Schedule 3 paragraph 3(2) of the Asylum and Immigration Act with the EU Charter of Fundamental Rights and whether the presumption that Sweden would comply with its international legal obligations was rebutted. 
Date: 12-06-2015

Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 16 March 2015 IV SA/Wa 974/14 dismissing the complaint against the decision of the Refugee Board refusing international protection

Country of Decision: Poland
Country of Applicant: Russia (Chechnya)
Keywords: Effective access to procedures, Effective remedy (right to), Right to remain pending a decision (Suspensive effect), Vulnerable person

The administrative authorities ensured an adequate standard of proceedings and had correctly established the facts in a case of an applicant who had only brought up the argument that she was a victim of domestic violence at the court stage.

The Court does not accept the allegations that the applicant was deprived of her right to court because she and her children were deported before the deadline for the complaint to the court. The complaint was eventually lodged within the deadline which means she could benefit from the real possibility of applying this measure so her right to...
Date: 16-03-2015

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