EDAL case summaries
Country of Applicant: Iran
Keywords: Detention, Individual assessment, Nationality, Reception conditions, Relevant Documentation, Sexual orientation, Vulnerable person
The ECtHR found the detention of a homosexual asylum seeker in Hungary was arbitrary, in violation of Article 5(1) ECHR. In particular, the Court found that the Hungarian authorities had failed to make an individualised assessment and to take into account the applicant’s vulnerability in the detention facility based on his sexual orientation. The Court emphasised that the authorities should exercise special care when deciding on deprivation of liberty in order to avoid situations which may reproduce the plight that forced asylum seekers to flee in the first place.
Date: 05-07-2016
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: France
Country of Applicant: Eritrea, Ethiopia
Keywords: Assessment of facts and circumstances, Individual assessment, Nationality, Persecution (acts of), Protection, Refugee Status, Relevant Documentation, Religion
When the asylum claim of an applicant has not been individually assessed, the National Court of Asylum has to cancel the asylum refusal decision and the asylum claim has to be reassessed by the OFPRA.
Date: 21-02-2012
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- Assessment of facts and circumstances 2
- Detention 2
- Individual assessment 2
- Country of origin 1
- Country of origin information 1
- Crime against humanity 1
- Delay 1
- Dublin Transfer 1
- Effective remedy (right to) 1
- First country of asylum 1
- Humanitarian considerations 1
- Indirect refoulement 1
- Persecution (acts of) 1
- Protection 1
- Real risk 1
- Reception conditions 1
- Refugee Status 1
- Relevant Facts 1
- Religion 1
- Request to take back 1
- Responsibility for examining application 1
- Return 1
- Sexual orientation 1
- Vulnerable person 1
- Well-founded fear 1
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- France 1
- Netherlands 1
