EDAL case summaries
The recognition of gender identity is a matter of respect towards the individual’s personality, protected under Greek and international law and applicable by analogy to refugees. Refugees must be able to request assistance from the authorities of the host-country, as refugeehood entails severed ties with the country of origin making it impossible for recognised refugees to request official actions from their governments.
This case primarily dealt with the lawfulness of a prolonged period of detention in the context of whether there was a reasonable prospect of deportation and also of evidence of both current mental illness and previous torture and trafficking.
This case dealt with the issue of whether the Secretary of State’s certification of the asylum claims of the two independent applicants as “clearly unfounded” was flawed on public law grounds, and the important difference between a decision on refugee status itself and a decision on a claim being “clearly unfounded”.
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