EDAL case summaries
Country of Decision: Netherlands
Keywords: Assessment of facts and circumstances, Country of origin, Country of origin information, Crime against humanity, Delay, Detention, Dublin Transfer, Effective remedy (right to), First country of asylum, Humanitarian considerations, Indirect refoulement, Nationality, Real risk, Relevant Documentation, Relevant Facts, Request to take back, Responsibility for examining application, Return, Well-founded fear
This case is concerned with whether the Secretary of State for Justice has discharged or breached his duty of care with regards to the risk of refoulement in an asylum application.
Date: 26-11-2015
Country of Decision: Germany
Country of Applicant: Unknown
Keywords: Benefit of doubt, Burden of proof, Delay, Dublin Transfer, First country of asylum, Health (right to), Humanitarian considerations, Individual assessment, Personal circumstances of applicant, Relevant Facts, Right to remain pending a decision (Suspensive effect), Safe third country, Standard of proof, Temporary protection
The interest of an applicant to obtain a temporary stay from deportation to Italy for the time being predominates, if the applicant, in case of his return back to Italy, would be threatened with serious damage to his health due to inadequate accommodation opportunities there and because medical care would not be guaranteed due to a permanent overstretch of resources.
Date: 16-12-2013
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- Dublin Transfer 2
- Humanitarian considerations 2
- Assessment of facts and circumstances 1
- Benefit of doubt 1
- Burden of proof 1
- Country of origin 1
- Country of origin information 1
- Crime against humanity 1
- Detention 1
- Effective remedy (right to) 1
- Health (right to) 1
- Indirect refoulement 1
- Individual assessment 1
- Nationality 1
- Personal circumstances of applicant 1
- Real risk 1
- Relevant Documentation 1
- Request to take back 1
- Responsibility for examining application 1
- Return 1
- Right to remain pending a decision (Suspensive effect) 1
- Safe third country 1
- Standard of proof 1
- Temporary protection 1
- Well-founded fear 1
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- Germany 1
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