EDAL case summaries
Country of Decision: Netherlands
Keywords: Assessment of facts and circumstances, Country of origin, Country of origin information, Crime against humanity, Delay, Detention, Dublin Transfer, Effective remedy (right to), First country of asylum, Humanitarian considerations, Indirect refoulement, Nationality, Real risk, Relevant Documentation, Relevant Facts, Request to take back, Responsibility for examining application, Return, Well-founded fear
This case is concerned with whether the Secretary of State for Justice has discharged or breached his duty of care with regards to the risk of refoulement in an asylum application.
Date: 26-11-2015
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Benefit of doubt, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), First country of asylum, Health (right to), Inhuman or degrading treatment or punishment, Integration measures, Personal circumstances of applicant, Reception conditions, Refugee Status
Where negative reports regarding the reception conditions and inhuman or degrading treatment in a first country of asylum indicate that an Applicant may not be safe in such a country, an Applicant’s request to remain in a Member State pending a decision on their right to remain must be given the benefit of doubt and outweigh the public’s interest in immediate enforcement of the ordered transfer.
Date: 07-01-2015
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- Responsibility for examining application 1
- Return 1
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