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EDAL case summaries

ECtHR – Mohamad v. Greece, Application no. 70586/11

Country of Applicant: Iraq
Keywords: Best interest of the child, Child Specific Considerations, Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Personal circumstances of applicant, Procedural guarantees, Reception conditions, Relevant Facts, Unaccompanied minor

The European Court of Human Rights (ECtHR) has held that the detention of an unaccompanied minor at Soufli border posts for over 5 months constituted a breach of Article 3 of the ECHR as well as a violation of the right to an effective remedy and the right to liberty and security.
Date: 11-12-2014

Italy - Court of Cassation, No. 7333, 2 December 2014

Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Access to the labour market, Armed conflict, Burden of proof, Country of origin information, Credibility assessment, Duty of applicant, Indiscriminate violence, Obligation/Duty to cooperate, Persecution (acts of), Personal circumstances of applicant

The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of  violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response
Date: 02-12-2014

ECtHR - Tarakhel v. Switzerland, Application no. 29217/12

Country of Applicant: Afghanistan
Keywords: Best interest of the child, Child Specific Considerations, Dublin Transfer, Family unity (right to), Individual assessment, Inhuman or degrading treatment or punishment, Material reception conditions, Personal circumstances of applicant, Reception conditions, Responsibility for examining application, Return, Vulnerable person

This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Italy under the Dublin II Regulation.

The Court found a violation of Article 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights if the Swiss authorities were to send an Afghan couple and their six children back to Italy under the Dublin Regulation without having first obtained individual guarantees from the Italian authorities that the applicants would be taken charge of in...
Date: 04-11-2014

UK - The Queen on the application of Mr Mohsen Pourali Tabrizagh, Mr Tahir Syed, Mr Saeed Ali, Mr Ali Omar Mohammed, Mr Edmond Karaj, AB (Sudan) v Secretary of State for the Home Department

Country of Decision: United Kingdom
Country of Applicant: Albania, Iran, Pakistan, Sudan
Keywords: Access to the labour market, Accommodation centre, Dublin Transfer, Inhuman or degrading treatment or punishment, Integration measures, Material reception conditions, Personal circumstances of applicant, Reception conditions, Safe third country

The case considered an application against the decision of the Secretary of State denying the Claimants a right of in-country appeal against the removal of the Claimants to Italy under the Dublin Regulation. The Claimants argued that their removal to Italy would expose them to a real risk of a breach of their rights under Article 3 of the European Convention on Human Rights (ECHR). The court found that there was no evidence to rebut the presumption that Italy would comply with its obligations under EU laws or of special vulnerability in the personal circumstances of any of the Claimants,...
Date: 11-06-2014

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