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EDAL case summaries

France - Administrative Tribunal of Nantes, 24 September 2018, M., n°1808677.

Country of Decision: France
Country of Applicant: Somalia
Keywords: Dublin Transfer, Indirect refoulement, Obligation to give reasons, Personal circumstances of applicant, Procedural guarantees, Responsibility for examining application, Subsidiary Protection
The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.
 
Any decision must be reasoned and translated into a language understandable to the applicant. 


 
Date: 24-09-2018

ECtHR - Hirsi Jamaa and Others v Italy [GC], Application No. 27765/09

Country of Applicant: Eritrea, Somalia
Keywords: Country of origin information, Indirect refoulement, Inhuman or degrading treatment or punishment, Non-refoulement, Torture

The case concerned Somali and Eritrean migrants travelling from Libya who had been intercepted at sea by the Italian authorities and sent back to Libya. Returning them to Libya without examining their case exposed them to a risk of ill-treatment and amounted to a collective expulsion.
Date: 23-02-2012

UK - Court of Appeal, 19 January 2000, Secretary of State for The Home Department, Ex Parte Adan R v. Secretary of State for The Home Department Ex Parte Aitseguer, R v. [2000] UKHL 67

Country of Decision: United Kingdom
Country of Applicant: Algeria, Somalia
Keywords: Indirect refoulement, Non-state actors/agents of persecution, Safe third country

In assessing whether a state is a safe third country with regard to its interpretation of the 1951 Refugee Convention, it was not sufficient to assess whether the foreign state’s interpretation of the Convention was reasonable. The Secretary of State for the Home Department had to be satisfied that the foreign state applied the one true interpretation of the Convention decided upon by the UK Courts.
Date: 19-01-2000

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