EDAL case summaries
Country of Decision: France
Country of Applicant: Algeria
Keywords: Dublin Transfer, Procedural guarantees, Request to take back, Responsibility for examining application, Visa
The three-month time limit for take back requests, as prescribed by Article 21(1) of the Dublin III Regulation, will apply as soon as the competent authorities of the relevant Member State have been informed, with certainty, of the fact that international protection has been requested. Where certain responsibilities for the registration of applications have been delegated to a competent legal entity, the authorities will be deemed to have been so informed once the legal entity in question has made a written record of the applicant’s intention to claim asylum.
Date: 22-12-2017
Country of Applicant: Algeria
Keywords: Detention, Inhuman or degrading treatment or punishment
The Court found that the conditions under which the applicant was detained between 3 November 2013 and 7 January 2014 at the Yalova police headquarters, exceeded the unavoidable level of suffering inherent in detention and attained the threshold of degrading treatment proscribed by Article 3.
Date: 28-11-2017
Country of Applicant: Algeria
Keywords: Return
The CJEU ruled that the period of application of an entry ban under the Return Directive begins to run from the date on which the person concerned has actually left the territory of the Member States.
Date: 26-07-2017
Country of Decision: Luxembourg
Country of Applicant: Algeria
Keywords: Credibility assessment, Unaccompanied minor
The presumption of minority does not apply when bone testing shows the applicant’s majority and when a doctor does not express doubts on the results. The tribunal did not request further tests.
Date: 21-06-2017
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