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EDAL case summaries

UK - Esmaiel Mohammed Pour (1), Seid Jafar Hasini Hersari (2), Majid Ghulami (3) v The Secretary of State for the Home Department

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

ECtHR- AL.K. v. Greece, Application no. 63542/11, 11 March 2015

Country of Applicant: Iran
Keywords: Access to the labour market, Accommodation centre, Delay, Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Material reception conditions, Reception conditions, Refugee Status

The case examined the allegations of an Iranian national that his detention conditions at the border posts of Feres and Soufli resulted in a violation of Article 3 of the Convention (prohibition of inhuman and degrading treatment). It further examined whether the applicant’s living conditions after his release resulted in degrading treatment in violation of Article 3. 
Date: 11-03-2015

ECtHR – F.H. v Greece, Application No. 78456/11

Country of Applicant: Iran
Keywords: Access to the labour market, Detention, Effective remedy (right to), Material reception conditions, Reception conditions

The European Court of Human Rights (ECtHR) has held that the conditions of various detention centres in Greece, where the applicant was placed, along with the living conditions after his release, constituted degrading treatment and thus a violation of Article 3 (prohibition of torture or inhuman or degrading treatment or punishment) of the European Convention on Human Rights (ECHR).
Date: 31-07-2014

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