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Country of Decision: Italy
Country of Applicant: Ghana, Sudan
Keywords: Detention, Inhuman or degrading treatment or punishment, Non-refoulement, Real risk, Safe third country, Torture
The Court recognised self-defence in a case where migrants were charged with assault against a police officer following their rescue at sea and their impending return to Libya. Their well-founded fear of return to Libya provided the basis for their defence of duress.
Date: 23-05-2019
Country of Applicant: Ghana
Keywords: Effective access to procedures, Procedural guarantees, Subsequent application, Subsidiary Protection
Based on the principle of effectiveness, the CJEU ruled that a limit of 15 days to apply for subsidiary protection following a notification of the decision not to grant refugee status is particularly short and cannot be justified by the need to ensure an effective return procedure. The limited period endangers applicants’ ability to submit an application for subsidiary protection.
Date: 20-10-2016
Country of Applicant: Ghana
Keywords: Delay, Detention, Effective access to procedures
This case concerned the detention of four applicants from Ghana in Italy. The basis of the claim was a violation of Article 5(1) ECHR.
Date: 06-10-2016
Country of Applicant: Ghana
Keywords: Detention, Return
Imprisonment of a Third Country National on account of illegal entry to a Member State across an internal border of the Schengen area is not permitted under the Return Directive where said individual has not yet been subject to a return procedure.
This applies equally to a Third Country National who is merely in transit on the territory of the Member State, is intercepted when leaving the Schengen area and is the subject of a procedure for readmission into the Member State from which he or she has come.
Date: 07-06-2016
Country of Decision: Italy
Country of Applicant: Ghana
Keywords: Credibility assessment, Membership of a particular social group, Persecution (acts of), Sexual orientation, Well-founded fear
There is a well-founded fear of persecution based on membership of a particular social group in the case of an applicant who, even though he is not gay, he is perceived as such by his community, his family and the authorities in his country of origin.
Date: 13-05-2016
Country of Decision: Spain
Country of Applicant: Ghana
Keywords: Cessation of protection, Medical Reports/Medico-legal Reports, Protection, Relevant Documentation, Unaccompanied minor
The Supreme Court held that an immigrant whose passport or equivalent identity document reveals their minority cannot be subjected to additional tests in order to determine his age unless a proportionality judgment about the document’s reliability has first been carried out. The Court also held that medical techniques to determine an age cannot be applied indiscriminately.
Date: 23-09-2014
Country of Decision: Italy
Country of Applicant: Ghana
Keywords: Actors of protection, Persecution (acts of), Refugee Status
Two things are required for recognition of refugee status: the existence of a ground for persecution (whether actual or threatened) and the breakdown of the social bonds between the country of origin and its citizen to the extent that the State is no longer able to guarantee protection.
Date: 20-12-2013
Country of Decision: Greece
Country of Applicant: Ghana
Keywords: Detention, Return, Withdrawal of protection application
This was a decision on appeal against detention under Articles 76(3) et seq of Law 3386/2005 and 30(2) of Law 3907/2011. It concerned an act to halt an asylum application, Non-attendance at the personal interview at the primary examination of the application was deemed to be tacit withdrawal of the application to be granted asylum. The Applicant was arrested due to the absence of legal documentation and decisions to detain and return were issued. Mental illness associated with the return process was considered.
A judicial decision lifted the detention order so as to not...
Date: 19-08-2013
Country of Applicant: Algeria, Ghana
Keywords: Best interest of the child, Family reunification, Family unity (right to)
The right to family reunification involving Union citizens who are minor children living with their mothers, who are third country nationals, in the territory of the Member State of which the children are nationals and changes in the composition of the families following the mothers’ remarriage to third country nationals and the birth of children of those marriages who are also third country nationals. The case involves the right to respect for family life and how to take into consideration the children’s best interests.
Date: 06-12-2012
Country of Decision: Italy
Country of Applicant: Ghana
Keywords: Internal protection
Date: 25-01-2012
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