EDAL case summaries
Country of Decision: Italy
Country of Applicant: Gambia
Keywords: Assessment of facts and circumstances, Individual assessment, Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Real risk, Refugee Status, Subsidiary Protection
The Italian consolidated Law on Migration (Art. 5(6) n. 286/1998) requires humanitarian protection to be given where a person is in a situation of vulnerability. Such a situation occurs when the applicant’s constitutional and international fundamental rights, such as health and nutrition, are compromised.
Date: 31-03-2016
Country of Applicant: Gambia
Keywords: Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Material reception conditions, Real risk, Reception conditions, Refugee Status
The Court found a violation of Articles 3 and 5(4) ECHR in relation to the Applicant’s detention conditions at Fylakio and Aspropyrgos, and the shortcomings of domestic law in relation to the judicial review of his detention.
Date: 04-02-2016
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