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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: Afghanistan
Keywords: Accommodation centre, Best interest of the child, Duty of applicant, Material reception conditions, Reception conditions, Unaccompanied minor, Vulnerable person
A sanction imposed in response of serious breaches of the rules of the accommodation centre or of seriously violent behaviour on behalf of an applicant for international protection cannot include withdrawal of material reception conditions relating to housing, food or clothing, even if it is temporary. Authorities should take into particular consideration any such sanction in cases of vulnerable applicants and unaccompanied minors.
Date: 12-11-2019
Country of Applicant: Russia
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Final decision, Refugee Status
In order to guarantee that an applicant for international protection has an effective judicial remedy within the meaning of Article 47 of the Charter, a national court or tribunal is required to vary a decision of the first-instance determining body that does not comply with its previous judgment. The court or tribunal must substitute its own decision on the application for international protection by disapplying, if necessary, the national law that prohibits it from proceeding in that way.
Date: 29-07-2019
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 Applicant: Afghanistan
Keywords: Accommodation centre, Best interest of the child, Child Specific Considerations, Detention, Family reunification, Health (right to), Material reception conditions, Reception conditions, Unaccompanied minor, Vulnerable person
Detention conditions in Greek police stations and living conditions in Idomeni Camp in northern Greece for five unaccompanied children were in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations.
Date: 13-06-2019
Country of Applicant: Iran
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Return, Serious harm, Well-founded fear
Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law.
Date: 04-04-2019
Country of Applicant: China
Keywords: Family reunification, Residence document
Residence permits obtained in the context of family reunification and long-term resident status, under Directives 2003/86 and 2003/109, may be withdrawn if they were issued on the basis of falsified documents, even if the holders were unaware of the fraud committed.
Date: 14-03-2019
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Child Specific Considerations, Material reception conditions, Reception conditions, Unaccompanied minor, Vulnerable person
The precarious living conditions in Calais and the failure of the French authorities to comply with judicial orders to protect the applicant, in view of his personal circumstances and young age, reach the threshold for a breach of Article 3.
Date: 28-02-2019
Country of Decision: Cyprus
Country of Applicant: Georgia
Keywords: Delay, Detention, Effective access to procedures
Delays in the asylum procedure which cannot be imputed to the asylum seeker, and failure to consider less coercive alternatives when detention exceeds reasonable time limits, render detention unlawful.
Date: 24-01-2019
Keywords: Best interest of the child, Dublin Transfer, Responsibility for examining application
The notification about the intention of withdrawal from the EU by the Member-State responsible for the examination of the application for international protection does not trigger the determining Member-State’s obligation to make use of the discretionary clause of Article 17(1) 604/2013 EU. Similarly, Article 6 (1) cannot be interpreted as imposing an obligation on the Member State that is not responsible to take into account the best interests of the child and to examine the application itself under 17 (1)
Date: 23-01-2019
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