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Country of Decision: United Kingdom
Country of Applicant: Iran
Keywords: Accelerated procedure, Access to the labour market, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Final decision, Health (right to), Legal assistance / Legal representation / Legal aid, Medical Reports/Medico-legal Reports, Non-refoulement, Obligation to give reasons, Procedural guarantees, Request to take back, Return, Right to remain pending a decision (Suspensive effect), Safe third country, Standard of proof, Subsequent application
The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims. A further right to appeal remained with the Cypriot Supreme Court. The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.
The Court concluded that there was no real risk that the...
Date: 01-03-2016
Country of Applicant: Syria
Keywords: Family unity (right to), Health (right to), Inhuman or degrading treatment or punishment, Real risk, Refugee Status, Request to take back, Responsibility for examining application
The European Court of Human Rights held that the removal of a Syrian national of Kurdish origin to Italy would not give rise to a violation of Article 3 and 8 of the Convention.
Date: 30-06-2015
Country of Decision: Austria
Country of Applicant: Russia (Chechnya)
Keywords: Humanitarian considerations, Inhuman or degrading treatment or punishment, Dublin Transfer, Request to take back, Responsibility for examining application, Family unity (right to), Health (right to), Vulnerable person
An expulsion order in relation to an elderly woman with a deteriorating medical condition gave rise to a real risk of a violation of Art 3 and Art 8 ECHR. In light of this risk, the Asylum Court held that the sovereignty clause in the Dublin Regulation should be applied in combination with Article 15 of the same Regulation, even though the latter was not directly applicable in this case.
Date: 28-01-2010
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