EDAL case summaries
Country of Decision: United Kingdom
Country of Applicant: Sudan
Keywords: Access to the labour market, Accommodation centre, Detention, Dublin Transfer, Legal assistance / Legal representation / Legal aid, Membership of a particular social group, Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Procedural guarantees, Reception conditions, Safe third country, Torture
The case concerned an application for judicial review of the decisions made on behalf of the Secretary of State to transfer the applicants to Malta, on the basis that such jurisdiction was the proper place for considering the applicants’ asylum claims. The applicants argued that such transfer would violate their rights under Article 18 of the Charter of the Fundamental Rights of the European Union (EU Charter) to have their asylum application determined within a reasonable time and on the basis of a fair procedure, as the Maltese asylum system had several shortcomings and contains...
Date: 28-09-2016
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Benefit of doubt, Dublin Transfer, First country of asylum, Humanitarian considerations, Inhuman or degrading treatment or punishment, Non-refoulement, Reception conditions, Return, Right to remain pending a decision (Suspensive effect), Safe third country
An Applicant’s interest in remaining in a Member State prevails over the public’s interest in deporting the Applicant to the Member State in which the Applicant first sought asylum if there is a predominant degree of likelihood that the Applicant will be subject to inhuman or degrading treatment in the other Member State (e.g. because of significant capacity problems and a change to its asylum law).
Date: 04-09-2015
Country of Decision: Germany
Country of Applicant: Iran
Keywords: Dublin Transfer, Inhuman or degrading treatment or punishment, Non-refoulement, Reception conditions, Safe third country
When enforcing the Dublin III Regulation, the deporting country must verify whether the asylum procedure in the intermediary country sufficiently guarantees that the applicant will not be subject to a treatment which violates Article 3 of the European Convention on Human Rights. The deportation order was illegitimate due to inadequate conditions for the reception of asylum seekers and recognised refugees in Greece and the serious risk of inhuman or degrading treatment for asylum seekers and recognised refugees in Greece.
Date: 02-06-2015
Country of Applicant: Turkey
Keywords: Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Non-refoulement, Reception conditions, Return, Torture, Vulnerable person
The case concerned detention and detention conditions in Greece for a Turkish asylum seeker of Kurdish origin, who had been tortured in Turkey, and the conduct of the asylum procedure.
Date: 07-09-2011
Country of Decision: United Kingdom
Country of Applicant: Sri Lanka
Keywords: Safe third country, Non-refoulement, Detention, Reception conditions
The Administrative Court considered the removal of a Sri Lankan from the UK to Cyprus under the Dublin Regulation. The applicant had been recognised under UNHCR’s mandate as being a refugee in Malaysia but had subsequently travelled via Thailand, Syria and Cyprus to the UK. The Court found that there was no legitimate expectation under the UK’s Mandate Refugee policy to consider his claim in the UK. Further, applying the principles in MSS v Belgium and Greece and KRS v UK, it found that the evidence was insufficient to establish that he faced a risk of onward refoulement...
Date: 11-08-2011
Country of Decision: Austria
Country of Applicant: Guinea
Keywords: Accelerated procedure, Detention, Dublin Transfer, Final decision, Inhuman or degrading treatment or punishment, Material reception conditions, Non-refoulement, Reception conditions, Request that charge be taken, Responsibility for examining application, Return, Right to remain pending a decision (Suspensive effect), Subsequent application
Legality of detention in the event of imminent deportation to Greece, if the detention was imposed before the judgment by the ECtHR in the case M.S.S. v Belgium and Greece (application no. 30696/09) and there is an enforceable expulsion decision.
Date: 28-06-2011
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- Detention 4
- Dublin Transfer 4
- Inhuman or degrading treatment or punishment 4
- Safe third country 4
- Return 3
- Right to remain pending a decision (Suspensive effect) 2
- Torture 2
- Accelerated procedure 1
- Access to the labour market 1
- Accommodation centre 1
- Benefit of doubt 1
- Effective remedy (right to) 1
- Final decision 1
- First country of asylum 1
- Humanitarian considerations 1
- Legal assistance / Legal representation / Legal aid 1
- Material reception conditions 1
- Medical Reports/Medico-legal Reports 1
- Membership of a particular social group 1
- Persecution (acts of) 1
- Persecution Grounds/Reasons 1
- Procedural guarantees 1
- Request that charge be taken 1
- Responsibility for examining application 1
- Subsequent application 1
- Vulnerable person 1
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- Germany 2
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