EDAL case summaries
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
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Burden of proof, Credibility assessment, Inhuman or degrading treatment or punishment, Internal protection, Political Opinion, Previous persecution, Religion, Torture, Vulnerable person
The Applicant left his country of origin (Iran) in 2003 having been arrested, illegally detained and tortured because of his participation in demonstrations against the regime in 1999. He told the Committee that he had occasionally participated in the anti-regime activities of Iranians in Greece, and that he did not wish to return to Iran because he feared that he would be imprisoned again and would be subjected to torture. Concerning his religious beliefs, he stated that he was an atheist. The Committee accepted that the torture suffered by the Applicant in his country of origin...
Date: 28-09-2012
Country of Decision: Greece
Country of Applicant: Mauritania
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Membership of a particular social group, Serious harm, Subsidiary Protection, Well-founded fear
This case concerned a real well-founded fear of persecution (re-enslavement of the Applicant), failure to recognise the Applicant's refugee status as a member “of a particular social group” and a finding that his fear was not due to the grounds for persecution as defined by Article 1A of the Convention.
It was held that, should he return to his country, there was a risk that the Applicant would suffer serious harm (inhuman and degrading treatment because of potential re-enslavement) which justified granting him subsidiary protection under Article 15(2)(b) of the Directive.
...
Date: 23-07-2012
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Actor of persecution or serious harm, Benefit of doubt, Country of origin information, Credibility assessment, Death penalty / Execution, Discrimination, Inhuman or degrading treatment or punishment, Internal protection, Real risk, Religion, Serious harm, Sexual orientation, Well-founded fear
The Applicant was a homosexual male from Iran who had renounced Islam and was studying the catechism of the Roman Catholic doctrine. It was held that the Applicant had no well-founded (objective) fear of persecution on the grounds of changing his religious beliefs.
Regarding the risks associated with his sexual orientation, the fear that the Applicant expressed was deemed to be well-founded, and it was held that not externalising his sexual orientation to avoid danger would, in and of itself, constitute serious harm to his right to respect for his private life and his...
Date: 22-06-2012
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Actor of persecution or serious harm, Credibility assessment, Death penalty / Execution, Discrimination, Duty of applicant, Persecution Grounds/Reasons, Real risk, Refugee sur place, Religion, Serious harm, Torture, Well-founded fear
This case involved recognition of refugee status under Article 1A(2) of the 1951 Convention on grounds of religious beliefs.
More specifically, it was held that the arrest and torture the Applicant suffered at the hands of his father and the State authorities because of his Christian faith, the risk of being executed for apostasy because he was baptised in Greece, and the risk of being arrested and maltreated again should he return to Iran, constituted persecution under Article 1A(2) of the 1951 Convention, the actor of persecution being the State. Furthermore, being forced to...
Date: 20-06-2012
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- Well-founded fear 11
- Inhuman or degrading treatment or punishment 8
- Country of origin information 7
- Credibility assessment 7
- Protection 7
- Religion 7
- Real risk 6
- Actor of persecution or serious harm 5
- Persecution Grounds/Reasons 5
- Refugee Status 5
- Serious harm 5
- Subsidiary Protection 5
- Torture 5
- Discrimination 4
- Internal protection 4
- Relevant Documentation 4
- Assessment of facts and circumstances 3
- Burden of proof 3
- Death penalty / Execution 3
- Membership of a particular social group 3
- Persecution (acts of) 3
- Dependant (Dependent person) 2
- Detention 2
- Duty of applicant 2
- Exclusion from protection 2
- Family unity (right to) 2
- Humanitarian considerations 2
- Individual assessment 2
- Obligation to give reasons 2
- Political Opinion 2
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- Gender Based Persecution 1
- Individual threat 1
- Integration measures 1
- Manifestly unfounded application 1
- Medical Reports/Medico-legal Reports 1
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- Personal circumstances of applicant 1
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- Previous persecution 1
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- Right to remain pending a decision (Suspensive effect) 1
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