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Country of Applicant: Iran
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Return, Serious harm, Well-founded fear
Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law.
Date: 04-04-2019
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Credibility assessment, Individual assessment, Internal protection, Obligation to give reasons, Protection, Return, Safe country of origin, Serious harm, Subsidiary Protection, Vulnerable person
The judicial examination of whether subsidiary protection shall be approved requires a thorough assessment of the individual case. This applies in particular for especially vulnerable persons.
Date: 21-03-2018
Country of Decision: Switzerland
Country of Applicant: Morocco
Keywords: Dublin Transfer, Individual threat, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Non-refoulement, Real risk, Refugee Status, Request to take back, Responsibility for examining application, Serious harm, Torture
According to the principle of non-Refoulement, Switzerland is obliged to apply Art. 17 Dublin-III-Regulation, examining an asylum application, if otherwise a provision of public international law could be infringed.
That is the case when there is substantial evidence indicating that an asylum seeker will be tortured again in his home country, but the originally responsible state denied asylum and decided to deport the person. It needs to be examined, whether and to what extent the authorities...
Date: 05-09-2017
Country of Decision: France
Keywords: Inhuman or degrading treatment or punishment, Serious harm, Unaccompanied minor
It is within the powers of the interim relief judge to order urgent measures to stop serious and illegal harm to fundamental rights of migrants in Calais.
Date: 31-07-2017
Country of Decision: France
Country of Applicant: Bangladesh
Keywords: Country of origin, Gender Based Persecution, Membership of a particular social group, Personal interview, Relevant Facts, Serious harm, Sexual orientation
A person, with a well-founded fear, within the meaning of the Geneva Convention, of being harmed by their family if they return to their country of origin because they are a member of a particular social group and are unable to rely on effective protection from the state, may be entitled to claim refugee status.
Date: 29-10-2015
Country of Applicant: Syria
Keywords: Armed conflict, Country of origin information, Detention, Effective access to procedures, Effective remedy (right to), Indiscriminate violence, Internal armed conflict, Protection, Real risk, Refugee Status, Serious harm, Well-founded fear
The applicants, a stateless Palestinian from Syria and two Syrian nationals, had been ordered to be expelled to Syria by the Russian authorities, and were detained in a detention centre in Russia pending this. The Court found that their expulsion to Syria would breach Articles 2 and 3, that Articles 5(4) and 5(1)(f) had been violated with regards to their detention, and that the restrictions on their contact with their representatives had breached Article 34.
Date: 15-10-2015
Country of Applicant: Turkey
Keywords: Detention, Health (right to), Material reception conditions, Persecution Grounds/Reasons, Political Opinion, Reception conditions, Refugee Status, Serious harm, Subsidiary Protection, Torture, Well-founded fear
In this judgement, the Court held that there was a violation of article 3 of the Convention concerning the detention conditions of the applicant at the premises of the executive subcommittee of the Thessaloniki foreign police. There was also a violation of article 5 para 1 (f) concerning the duration of his detention and para 4 with regards to the judicial review of his detention.
Date: 27-02-2015
Country of Decision: Sweden
Country of Applicant: Syria
Keywords: Exclusion from protection, Inhuman or degrading treatment or punishment, Refugee Status, Revocation of protection status, Serious harm
An Applicant who has been convicted of a serious crime is excluded from the right to claim protection. A life sentence with an undeterminable term does not constitute a temporary obstruction to deportation and therefore an Applicant cannot claim obstruction as grounds for leave to remain. Further, a family connection which has been examined by a criminal court as part of a final judgment cannot be re-examined as part of an asylum application.
Date: 02-01-2015
Country of Applicant: Mauritania
Keywords: Health (right to), Humanitarian considerations, Protection, Reception conditions, Serious harm, Torture, Vulnerable person
The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU ruled that, although the removal of a seriously ill person could in exceptional circumstances amount to a breach of Article 3 ECHR, the Qualification Directive (2004/83/EC) is to be interpreted as not requiring a Member State to grant the social welfare and health care benefits to a third country national who has been granted leave to reside in the territory of that Member State under...
Date: 18-12-2014
Country of Applicant: Nigeria
Keywords: Health (right to), Humanitarian considerations, Protection, Reception conditions, Return, Serious harm, Torture, Vulnerable person
The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU surmisedthat the removal of a person suffering a serious illness to a country where appropriate treatment was not available could in exceptional circumstances be contrary to the EU Charter of Fundamental Rights, and in such circumstances their removal had to be suspended pursuant to Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying...
Date: 18-12-2014
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