EDAL case summaries

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 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.

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.