EDAL case summaries
Country of Decision: Greece
Country of Applicant: Venezuela
Keywords: Country of origin information, Subsidiary Protection
The political, humanitarian and economic crisis in Venezuela can justify subsidiary protection status if the individual’s return to the country of origin, would cause serious harm, characterized by the level of seriousness required to be considered as inhuman and degrading treatment.
Date: 28-06-2019
Country of Decision: Greece
Country of Applicant: Pakistan
Keywords: Detention, Duty of applicant, Obligation/Duty to cooperate, Refugee Status
The continuation of detention beyond the period of 90 days, while the appeal against the decision rejecting the asylum application was still pending, is a disproportionate measure of deprivation of liberty for the applicant. Alternative measures must be considered.
Date: 17-12-2018
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Detention, Obligation/Duty to cooperate, Refugee Status
Withdrawal of detention due to the use of forged travel documents and subsequent obligation to appear before the competent authorities, given to the pending status of the application for asylum.
Date: 27-09-2018
Country of Decision: Greece
Country of Applicant: Afghanistan, Iran
The Court held that where asylum applicants are prevented from obtaining necessary documentation that would allow them to be granted a license to marry, due to their severed ties with their countries of origin, a simple statutory declaration will suffice as proof that there are no legal obstacles preventing them from getting married.
Date: 31-10-2017
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Detention, Return
Detention of asylum seekers should only be permitted under the conditions prescribed by the law. The detention and deportation orders should always provide sufficient legal justification including the objective facts leading to the administrative authorities’ decision.
Date: 31-10-2017
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Persecution (acts of), Religion, Safe third country
The Court of Appeal rejected a request rebutting the presumption of Turkey as a safe third country for a Syrian national of Armenian origin who resided there for one year and held a work permit, on the ground that general references to human rights violations and deficiencies in Turkey’s asylum system did not suffice to establish a real and individualised risk of persecution or indirect refoulement to Syria.
Date: 30-09-2016
Country of Decision: Greece
Country of Applicant: Burkina Faso
Keywords: Assessment of facts and circumstances, Burden of proof, Credibility assessment, Humanitarian considerations, Personal interview, Subsidiary Protection, Well-founded fear
Whilst the Appeals Committee believes that the applicant was ‘wronged’ during the administrative procedures in the First and Second Degree (pursuant to Decree 113/2013), the Committee is unable to request a new personal interview, because no such provision exists within the national legislation (Regulation Service of Authority and Appeal 339/2013 opinion of the Legal Council).
Date: 23-09-2015
Country of Decision: Greece
Country of Applicant: Palestinian Territory, Syria
Keywords: Assessment of facts and circumstances, Cessation of protection, Country of former habitual residence, Country of origin, Country of origin information, Dependant (Dependent person), Exclusion from protection, First country of asylum, Individual assessment, Manifestly unfounded application, Protection, Refugee Status, Return, Safe country of origin, Well-founded fear
The appellant sought to have the decision of the Secretary General of the Ministry of Public Order annulled, under which her previous application for her and her son to be recognised as refugees had been rejected. The Hellenic Council of State rejected the current appeal, due to the fact that the appellant had invoked financial reasons for leaving Syria and as such, had no legal basis to be recognised as a refugee.
Date: 16-12-2014
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Family unity (right to), Integration measures, Reception conditions, Residence document, Right to remain pending a decision (Suspensive effect)
This case concerned an application for a licence for a civil marriage with a Greek citizen where there was an inability to provide a certificate of being unmarried or a birth certificate because of disrupted relationship with homeland and in the context of the submission of a sworn statement regarding the absence of any impediment to marriage. The case considered the balance between the safeguards of family law and a State's obligation to protect the fundamental rights of refugees. Under the principle of proportionality, the private and family life of the individual is inviolable, bearing...
Date: 13-05-2013
Country of Decision: Greece
Country of Applicant: Turkey
Keywords: Actor of persecution or serious harm, Country of origin information, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Political Opinion, Real risk, Serious harm, Torture, Well-founded fear
Application from the Turkish Authorities to have the Greek Judicial Authorities issue an extradition notice against A.F., a Turkish citizen seeking asylum in Greece.
The Court ruled against the Turkish Authorities' extradition request, deciding that if the person in question were extradited to Turkey there would be a risk that her situation would be made worse because of her political beliefs and because of her pending application to have her refugee status recognised by the Greek state.
Date: 25-04-2013
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- Well-founded fear 11
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