EDAL case summaries
The Court found that there had been a violation of Article 3 in relation to detention conditions at Tychero. There was no violation of Article 5(1) insofar as the detention was not arbitrary and was in accordance with a procedure prescribed by law, but there was a violation of Article 5(4) in relation to the ineffectiveness of the judicial review of detention conditions. Further, there was a violation of Article 13 read in conjunction with Article 3, because the Greek authorities had deported the Applicant to Turkey, without verifying whether his asylum claim was still...
The detention of asylum applicants may undermine their ability to claim asylum and that an ‘effective remedy’ requires an appeal with suspensive effect against refoulement in order to prevent irreparable harm, sufficient time to prepare the appeal and effective legal assistance and interpretation.
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- EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 2
- EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003 1
- EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council 1
- EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013 1
- EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003 1
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