You are here
Home › Greece ›EDAL case summaries
The domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country and needed to end her marriage.
The interview of an unaccompanied minor, conducted without any legal representation, violated domestic and international provisions regarding the right to a hearing and the best interest of the child.
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.
The transfer of a family to the previous country of entry (Bulgaria), which might entail the risk of refoulement to the country of origin (Afghanistan), would cause an irreversible and serious harm; it ordered the suspension of the transfer decision until the final decision, on the annulment of the rejection of the application on the refugee status, was issued.
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.
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.
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.
The refusal to grant residence permit and the subsequent return order were issued without a hearing. Although a hearing in administrative procedures initiated by the applicant is not always required, the Court found that the hearing would have led to a well-rounded and more substantial review of his right to remain under a different type of residence permit, as well as any factors precluding his return.
The Court annulled the no. 10464/31.05.2017 Decision of the Director of the Asylum Service, on the basis of which, the restriction on the movement of applicants for international protection entering the Greek islands of Lesvos, Rhodes, Samos, Kos, Leros and Chios after the 20th of March 2016, was imposed. Furthermore, the Court ruled that the competent authority may not impose the contentious restriction on movement to applicants for international protection arriving in the Greek islands after the date of the publication of the judgment.
Pages
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- Well-founded fear 28
- Refugee Status 26
- Real risk 18
- Protection 17
- Persecution Grounds/Reasons 13
- Credibility assessment 12
- Inhuman or degrading treatment or punishment 12
- Obligation to give reasons 12
- Relevant Documentation 10
- Subsidiary Protection 10
- Country of origin information 8
- Detention 8
- Individual assessment 8
- Religion 8
- Torture 8
- Membership of a particular social group 7
- Non-refoulement 7
- Procedural guarantees 7
- Actor of persecution or serious harm 6
- Persecution (acts of) 6
- Personal interview 6
- Serious harm 6
- Unaccompanied minor 6
- Assessment of facts and circumstances 5
- Burden of proof 5
- Discrimination 5
- Internal protection 5
- Political Opinion 5
- Safe third country 5
- Child Specific Considerations 4
- Duty of applicant 4
- Individual threat 4
- Obligation/Duty to cooperate 4
- Residence document 4
- Return 4
- Country of origin 3
- Death penalty / Execution 3
- Dependant (Dependent person) 3
- Exclusion from protection 3
- Family unity (right to) 3
- First country of asylum 3
- Humanitarian considerations 3
- Race 3
- Reception conditions 3
- Right to remain pending a decision (Suspensive effect) 3
- Standard of proof 3
- Best interest of the child 2
- Dublin Transfer 2
- Effective remedy (right to) 2
- Family member 2
- Freedom of movement (right to) 2
- Gender Based Persecution 2
- Inadmissible application 2
- Manifestly unfounded application 2
- Medical Reports/Medico-legal Reports 2
- Non-state actors/agents of persecution 2
- Personal circumstances of applicant 2
- Revocation of protection status 2
- Sexual orientation 2
- Subsequent application 2
- Vulnerable person 2
- Accelerated procedure 1
- Access to the labour market 1
- Accommodation centre 1
- Actors of protection 1
- Benefit of doubt 1
- Cessation of protection 1
- Country of former habitual residence 1
- Effective access to procedures 1
- Family reunification 1
- Indirect refoulement 1
- Integration measures 1
- Internal armed conflict 1
- Legal assistance / Legal representation / Legal aid 1
- More favourable provisions 1
- Nationality 1
- Previous persecution 1
- Refugee sur place 1
- Relevant Facts 1
- Safe country of origin 1
- Serious non-political crime 1
- Stateless person 1
- Trafficking in human beings 1
- Withdrawal of protection application 1
Filter by date
Filter by country of applicant
- Iran 10
- Afghanistan 9
- Turkey 8
- Syria 7
- Bangladesh 5
- Unknown 4
- Ghana 2
- Pakistan 2
- Palestinian Territory 2
- Albania 1
- Armenia 1
- Azerbaijan 1
- Burkina Faso 1
- Ethiopia 1
- India 1
- Iraq 1
- Mauritania 1
- Venezuela 1
Filter by country of decision
- (-) Remove Greece filterGreece