EDAL case summaries
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Effective access to procedures, Inadmissible application, Inhuman or degrading treatment or punishment, Material reception conditions, Personal circumstances of applicant, Procedural guarantees, Safe third country, Vulnerable person
The right to be heard entails the obligation of the court to take note of the arguments put forward by the parties and to take these arguments into consideration when taking its decision. While this does not require the court to explicitly address every single fact put forward by the parties, the grounds of the decision have to refer to the essential issues raised by such facts.
In case of a single mother and her four minor children facing deportation to a country where beneficiaries of international protection had to live under difficult conditions, these personal circumstances of...
Date: 29-08-2017
Country of Applicant: Iraq, Palestinian Territory, Somalia, Syria
Keywords: Detention, Effective access to procedures, Inhuman or degrading treatment or punishment, Procedural guarantees
Four applicants were refused entry into Russia and claimed refugee status. They were detained in the transit zone of Sheremetyevo airport and Russia was found to be in violation of Articles 3 and 5 of the ECHR.
Date: 28-03-2017
Country of Applicant: Syria
Keywords: Effective access to procedures, Inhuman or degrading treatment or punishment, Procedural guarantees, Visa
The Syrian family's application for a Humanitarian Visa at the Belgian embassy in Lebanon fell outside the scope of the Visa Code, even if formally submitted on the basis of its Article 25(1)(a), because the purpose of the application (that is, to apply for asylum upon arrival to Belgium) differs from that of a short-term visa.
Date: 07-03-2017
Country of Decision: Belgium
Country of Applicant: Syria
Keywords: Armed conflict, Effective access to procedures, Inhuman or degrading treatment or punishment, Procedural guarantees, Visa
The Belgian Council for Alien Law Litigation has referred the following questions to the...
Date: 08-12-2016
Country of Decision: Austria
Country of Applicant: Syria
Keywords: Effective access to procedures, Non-refoulement, Protection, Right to remain pending a decision (Suspensive effect)
Asylum seekers cannot be rejected at the border crossing without having the possibility to state reasons for obtaining international protection as well as a precise indication of reasons for the refusal of entry on the entry form. An assessment of the submitted reasons for asylum cannot only depend on an assessment by an interpreter, but must be decided through the responsible authority or court.
Date: 09-09-2016
Country of Applicant: Syria
Keywords: Assessment of facts and circumstances, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Personal circumstances of applicant
In order for a correct application of the responsibility determination procedure under Dublin III to take place the applicant must be able to contest a transfer decision and invoke an infringement of the rule set out in subparagraph 19(2) DR III, i.e. where the applicant provides evidence that he/she has left the territory of one Member State, having made an application there, for at least three months and has made a new asylum application in another Member State.
Date: 07-06-2016
Country of Applicant: Syria
Keywords: Armed conflict, Country of origin information, Detention, Effective access to procedures, Effective remedy (right to), Indiscriminate violence, Internal armed conflict, Protection, Real risk, Refugee Status, Serious harm, Well-founded fear
The applicants, a stateless Palestinian from Syria and two Syrian nationals, had been ordered to be expelled to Syria by the Russian authorities, and were detained in a detention centre in Russia pending this. The Court found that their expulsion to Syria would breach Articles 2 and 3, that Articles 5(4) and 5(1)(f) had been violated with regards to their detention, and that the restrictions on their contact with their representatives had breached Article 34.
Date: 15-10-2015
Country of Decision: France
Country of Applicant: Syria
Keywords: Assessment of facts and circumstances, Effective access to procedures, Individual assessment, Persecution (acts of), Protection, Refugee Status, Visa
A claim challenging the refusal to grant a visa -in order to claim asylum on French territory- qualifies as being urgent. The consular authority is not qualified to assess the asylum claim.
Date: 16-09-2014
Country of Applicant: Bulgaria, Syria
Keywords: Detention, Effective access to procedures, Effective remedy (right to), Religion, Return
After the revocation of his residence permit due to his religious activities (alleged links with a fundamentalist organisation), the applicant was detained for a period of 26 days and later deported from Bulgaria. The applicant claims to have been refused access to a lawyer and to have been detained incommunicado. He also claims that his detention and deportation was an interference with his right to family life and right to religious freedom.
Date: 20-09-2002
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- Inhuman or degrading treatment or punishment 5
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- Armed conflict 2
- Assessment of facts and circumstances 2
- Personal circumstances of applicant 2
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- Dublin Transfer 1
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- Indiscriminate violence 1
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