You are here
Home › Safe third country ›EDAL case summaries
Country of Applicant: Bangladesh
Keywords: Accelerated procedure, Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Safe third country
When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.
Article 5 cannot be considered as ratione materiae...
Date: 21-11-2019
Country of Applicant: Syria
Keywords: Delay, Detention, Return, Safe third country
Detention within the context of immigration must be lawful, not arbitrary and carried out in good faith. In this sense, the depriavation of liberty without a realistic prospect of removal is against the prevision of Article 5 § 1 of the Convention.
Date: 25-06-2019
Country of Decision: Italy
Country of Applicant: Ghana, Sudan
Keywords: Detention, Inhuman or degrading treatment or punishment, Non-refoulement, Real risk, Safe third country, Torture
The Court recognised self-defence in a case where migrants were charged with assault against a police officer following their rescue at sea and their impending return to Libya. Their well-founded fear of return to Libya provided the basis for their defence of duress.
Date: 23-05-2019
Keywords: Safe third country
CJEU (First Chamber) finds appeal against decision of the General Court dismissing the actions for annulment of the ‘EU-Turkey Statement of 18 March 2016’ manifestly inadmissible.
Date: 12-09-2018
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Accelerated procedure, Dependant (Dependent person), Dublin Transfer, Effective access to procedures, Family member, Family reunification, Family unity (right to), First country of asylum, Inadmissible application, Individual assessment, Manifestly unfounded application, More favourable provisions, Personal interview, Safe third country
The case concerns an application for the annulment of the decision of the Appeals Committee which rejected the applicant’s previous application to overturn the decision of the Regional Asylum Office of Samos whereby he was denied international protection. The Court determined that the case was inadmissible, accepted the relevant justifications given by the Appeals Committee and rejected the application.
Date: 13-04-2018
Country of Decision: Switzerland
Country of Applicant: Turkey
Keywords: Assessment of facts and circumstances, Effective access to procedures, Individual assessment, Obligation to give reasons, Procedural guarantees, Safe third country, Terrorism
In cases of deportation to a third country, the competent authority is required to assess, on a case-by-case basis, if the third country offers effective legal protection against deportation to the state of origin.
In the case of a Turkish journalist of Kurdish origin, the competent authority had only insufficiently assessed if the applicant enjoys sufficient legal protection in Brazil against refoulment to Turkey. It therefore violated her right to be heard.
Date: 08-02-2018
Country of Decision: Hungary
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Dependant (Dependent person), Dublin Transfer, Safe third country
The authorities followed an incorrect interpretation of the Dublin Regulation 604/2013 failing to take into account that the older applicant is the brother of the minor and should remain in Hungary under Article 10 of the Regulation, despite having lodged an application in Bulgaria.
Date: 07-02-2018
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Safe third country
Transit through a third country cannot be considered a sufficient connection for the purposes of the “safe third country” concept on the sole reason that the country is located in proximity to the country of origin. Other conditions, such as the length of stay or the existence of a supporting network, need to be present for such a connection to exist.
Date: 29-09-2017
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Effective access to procedures, Inadmissible application, Inhuman or degrading treatment or punishment, Material reception conditions, Personal circumstances of applicant, Procedural guarantees, Safe third country, Vulnerable person
The right to be heard entails the obligation of the court to take note of the arguments put forward by the parties and to take these arguments into consideration when taking its decision. While this does not require the court to explicitly address every single fact put forward by the parties, the grounds of the decision have to refer to the essential issues raised by such facts.
In case of a single mother and her four minor children facing deportation to a country where beneficiaries of international protection had to live under difficult conditions, these personal circumstances of...
Date: 29-08-2017
Country of Applicant: Bangladesh
Keywords: Accelerated procedure, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Indirect refoulement, Inhuman or degrading treatment or punishment, Non-refoulement, Procedural guarantees, Safe third country
The procedure applied by the Hungarian authorities in considering Serbia a ‘Safe Third Country’ was not appropriate to provide the necessary protection against a real risk of inhuman and degrading treatment. The schematic reference to the Hungarian Government’s list of safe third countries and disregard of country reports by reputable international organisations imposed an unfair and excessive burden of proof on the applicants, breaching the effective procedural guarantees provided for in Article 3 and subjecting them to inhuman or degrading treatment due to a possible “chain-...
Date: 14-03-2017
Pages
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Safe third country filterSafe third country
- Dublin Transfer 18
- Non-refoulement 16
- Effective access to procedures 13
- Effective remedy (right to) 13
- Inhuman or degrading treatment or punishment 13
- First country of asylum 12
- Detention 10
- Procedural guarantees 10
- Reception conditions 8
- Right to remain pending a decision (Suspensive effect) 8
- Assessment of facts and circumstances 7
- Burden of proof 7
- Humanitarian considerations 7
- Inadmissible application 6
- Persecution (acts of) 6
- Refugee Status 6
- Return 6
- Benefit of doubt 5
- Indirect refoulement 5
- Material reception conditions 5
- Personal circumstances of applicant 5
- Real risk 5
- Request to take back 5
- Responsibility for examining application 5
- Subsidiary Protection 5
- Accelerated procedure 4
- Access to the labour market 4
- Accommodation centre 4
- Country of origin 4
- Credibility assessment 4
- Individual assessment 4
- Persecution Grounds/Reasons 4
- Protection 4
- Child Specific Considerations 3
- Dependant (Dependent person) 3
- Family unity (right to) 3
- Internal protection 3
- Obligation to give reasons 3
- Personal interview 3
- Religion 3
- Standard of proof 3
- Stateless person 3
- Vulnerable person 3
- Country of former habitual residence 2
- Country of origin information 2
- Delay 2
- Family member 2
- Health (right to) 2
- Integration measures 2
- Legal assistance / Legal representation / Legal aid 2
- Manifestly unfounded application 2
- Previous persecution 2
- Race 2
- Relevant Documentation 2
- Relevant Facts 2
- Subsequent application 2
- Terrorism 2
- Torture 2
- Acts contrary to the purposes and principles of the UN 1
- Best interest of the child 1
- Cessation of protection 1
- Crime against humanity 1
- Discrimination 1
- Exclusion from protection 1
- Family reunification 1
- Final decision 1
- Gender Based Persecution 1
- Indiscriminate violence 1
- Individual threat 1
- Internal armed conflict 1
- Medical Reports/Medico-legal Reports 1
- Membership of a particular social group 1
- More favourable provisions 1
- Nationality 1
- Non-state actors/agents of persecution 1
- Request that charge be taken 1
- Residence document 1
- Serious harm 1
- Serious non-political crime 1
- Temporary protection 1
- Well-founded fear 1
Filter by date
Filter by country of applicant
- Syria 13
- Afghanistan 8
- Iran 5
- Pakistan 5
- Russia 5
- Somalia 4
- Sudan 4
- Bangladesh 3
- Eritrea 3
- Turkey 3
- Azerbaijan 2
- Ivory Coast 2
- Nigeria 2
- Senegal 2
- Unknown 2
- Albania 1
- Algeria 1
- Angola 1
- Cameroon 1
- Congo (DRC) 1
- Czech Republic 1
- Ghana 1
- Iraq 1
- Lithuania 1
- Nepal 1
- Palestinian Territory 1
- Saudi Arabia 1
- Sri Lanka 1
Filter by country of decision
- Germany 13
- United Kingdom 11
- Sweden 6
- Belgium 4
- Greece 4
- Netherlands 3
- Slovenia 3
- Finland 2
- Hungary 2
- Ireland 2
- Austria 1
- Italy 1
- Slovakia 1
- Spain 1
- Switzerland 1
