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Country of Applicant: Afghanistan, Iran
Keywords: Accommodation centre, Detention, Inadmissible application, Material reception conditions, Reception conditions, Return, Safe third country, Subsequent application
1. A change of the destination country in a return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy in compliance with Article 47 CFREU.
2. The national legislation providing for a safe transit country ground applicable in the present case is contrary to EU law.
3. The obligation imposed on a third-country national to remain permanently in a closed and limited transit zone, within which their movement is limited and monitored, and which the latter cannot...
Date: 14-05-2020
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: Greece
Country of Applicant: Syria
Keywords: First country of asylum, Inadmissible application, Individual assessment, Individual threat, Non-refoulement, Real risk, Safe third country
Date: 22-09-2017
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