EDAL case summaries
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Integration measures, Material reception conditions, Responsibility for examining application
The right to have recourse to the courts as enshrined in the German constitution (Art. 19 ss. 4 GG) is to be assessed in a thorough and reliable manner if the right to physical integrity (Art. 2 ss. 2 GG and Art. 3 of the ECHR) is at stake. The courts only adhere to this obligation if they carefully assess the evidence brought to them by the applicant considering the specific context of a person who has been granted international protection in a third country.
Date: 08-05-2017
Country of Decision: United Kingdom
Country of Applicant: Afghanistan, Eritrea, Sudan
Keywords: Accommodation centre, Dublin Transfer, First country of asylum, Humanitarian considerations, Inhuman or degrading treatment or punishment, Integration measures, Real risk, Reception conditions, Request that charge be taken, Request to take back, Responsibility for examining application, Return, Safe third country, Vulnerable person
The presumption that Italy remains in compliance with its EU and International Law obligations related to the reception and integration of asylum seekers and Beneficiaries of International Protection has not been rebutted. Asylum seekers and BIPs suffering from severe psychological trauma can be returned to Italy with no real risk of breaching article 3 ECHR, or 4 CFREU, since the Country's reception capacities have not been exceeded, while effective medical treatment is available under the same terms as to Italian nationals.
Date: 22-04-2015
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- Accommodation centre 1
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- Dublin Transfer 1
- Effective remedy (right to) 1
- First country of asylum 1
- Humanitarian considerations 1
- Inhuman or degrading treatment or punishment 1
- Material reception conditions 1
- Real risk 1
- Reception conditions 1
- Request that charge be taken 1
- Request to take back 1
- Return 1
- Safe third country 1
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- Afghanistan 1
- Eritrea 1
- Sudan 1
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