You are here
Home › Vulnerable person ›EDAL case summaries
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: Afghanistan
Keywords: Detention, Inhuman or degrading treatment or punishment, Material reception conditions, Reception conditions, Torture, Unaccompanied minor, Vulnerable person
Conditions in police stations do not justify prolonged detention, while the child’s extreme vulnerability should prevail over irregular status with necessary measures adopted to protect them. Domestic authorities had not done all that could reasonably expected to fulfil their obligation in light of their vulnerability.
The authorities violated Article 5 by automatically applying the protective custody regime, without considering any alternatives to detention or the requirement under EU law to avoid the detention of children.
Date: 13-06-2019
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 Decision: Germany
Country of Applicant: Syria
Keywords: Dublin Transfer, Effective remedy (right to), Family member, Family reunification, Family unity (right to), Humanitarian considerations, Personal circumstances of applicant, Request that charge be taken, Responsibility for examining application, Sponsor, Vulnerable person
The discretionary clause in Art. 17 II Dublin-III regulation might under certain circumstances oblige the member states to take charge of an applicant. This can be particularly the case, if the competence of the member state under chapter III of the Dublin-III regulation would not be given because of a deadline expiry the applicant had no influence on.
Date: 15-03-2019
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: Greece
Country of Applicant: Bangladesh
Keywords: Refugee Status, Residence document, Vulnerable person
The recognition of gender identity is a matter of respect towards the individual’s personality, protected under Greek and international law and applicable by analogy to refugees. Refugees must be able to request assistance from the authorities of the host-country, as refugeehood entails severed ties with the country of origin making it impossible for recognised refugees to request official actions from their governments.
Date: 31-12-2018
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Dublin Transfer, Effective remedy (right to), Inhuman or degrading treatment or punishment, Reception conditions, Responsibility for examining application, Trafficking in human beings, Vulnerable person
As a result of a transfer order to Italian authorities joined with house arrest, the applicant lodged an appeal. She argued she would be at risk of being exposed to inhuman and degrading treatments, as well as to systemic lapses of the Italian asylum system. In this case, the administrative tribunal granted annulment of those orders issued by the prefect of la Haute-Garonne in the light of the current Italian asylum conditions and the reasons motivating the applicant to reach France after having stayed in Italy.
Date: 09-11-2018
Country of Applicant: Congo (DRC)
Keywords: Inhuman or degrading treatment or punishment, Material reception conditions, Refugee sur place, Vulnerable person
The Court examines the individuals’ circumstances and finds that the appointment with the French authorities to register and assess their asylum cases within a three-month period, coupled with the possibility for the applicants to stay in a foster home at night, access education, healthcare and meals provided by organisations during the day, cannot amount to treatment prohibited under the Convention.
Date: 24-08-2018
Country of Decision: United Kingdom
Country of Applicant: United Kingdom
Keywords: Best interest of the child, Dublin Transfer, Family unity (right to), Request that charge be taken, Vulnerable person
The UK Secretary of State for the Home Department’s (SSHD) refusal to accede to a take charge request of a stateless wife and her child in Greece wishing to reunite with their British husband/father in the UK is a breach of Article 7 Charter/8 ECHR (and Article 6(1) of the HRA 1998) on the basis that the SSHD’s decisions were disproportionate and not justified. Notwithstanding that the husband/father is a British citizen, the Dublin Regulation applies, notably Articles 9 and 17(2). In respect of Article 9 Dublin Regulation III, it can be relied upon even where an individual in receipt of...
Date: 19-04-2018
Country of Decision: Denmark
Country of Applicant: Eritrea
Keywords: Child Specific Considerations, First country of asylum, Inhuman or degrading treatment or punishment, Vulnerable person
The complainant, an Eritrean citizen and a single woman with a one-and-a-half-year-old child, filed a complaint against the decision of the Danish Immigration Service to reject her application in accordance with the Danish Aliens Act art. 29 (b) as the Greek authorities had granted her refugee status in Greece, valid until 25 November 2017. The complainant referred to the UNHCR EXCOM-conclusion no. 58/1989.
The Board did not find that the general social and economic conditions for refugees with a residence permit in Greece – although difficult – in itself could lead to the...
Date: 17-04-2018
Pages
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Vulnerable person filterVulnerable person
- Dublin Transfer 31
- Reception conditions 30
- Inhuman or degrading treatment or punishment 29
- Unaccompanied minor 18
- Best interest of the child 17
- Material reception conditions 17
- Detention 16
- Health (right to) 16
- Child Specific Considerations 15
- Family unity (right to) 14
- Personal circumstances of applicant 13
- Effective access to procedures 10
- Medical Reports/Medico-legal Reports 10
- Responsibility for examining application 10
- Return 10
- Request that charge be taken 9
- Effective remedy (right to) 8
- Procedural guarantees 8
- Torture 8
- Accommodation centre 7
- Credibility assessment 7
- Family member 7
- Family reunification 6
- Individual assessment 6
- Country of origin information 5
- Humanitarian considerations 5
- Internal protection 5
- Protection 5
- Serious harm 5
- Assessment of facts and circumstances 4
- Burden of proof 4
- Real risk 4
- Request to take back 4
- Right to remain pending a decision (Suspensive effect) 4
- Standard of proof 4
- Subsidiary Protection 4
- Accelerated procedure 3
- Dependant (Dependent person) 3
- Legal assistance / Legal representation / Legal aid 3
- Personal interview 3
- Refugee Status 3
- Safe third country 3
- Trafficking in human beings 3
- Armed conflict 2
- Duty of applicant 2
- First country of asylum 2
- Inadmissible application 2
- Non-refoulement 2
- Non-state actors/agents of persecution 2
- Persecution Grounds/Reasons 2
- Safe country of origin 2
- Sexual orientation 2
- Access to the labour market 1
- Actor of persecution or serious harm 1
- Benefit of doubt 1
- Delay 1
- Discrimination 1
- Female genital mutilation 1
- Gender Based Persecution 1
- Integration measures 1
- Manifestly unfounded application 1
- Membership of a particular social group 1
- Nationality 1
- Obligation to give reasons 1
- Persecution (acts of) 1
- Political Opinion 1
- Previous persecution 1
- Refugee sur place 1
- Relevant Documentation 1
- Religion 1
- Residence document 1
- Sponsor 1
- Subsequent application 1
- Visa 1
- Well-founded fear 1
- Withdrawal of protection application 1
Filter by date
Filter by country of applicant
- Afghanistan 19
- Syria 7
- Russia (Chechnya) 6
- Eritrea 5
- Iran 4
- Nigeria 4
- Russia 3
- Sudan 3
- Albania 2
- Congo (DRC) 2
- Egypt 2
- Gambia 2
- Iraq 2
- Somalia 2
- Turkey 2
- Bangladesh 1
- Bosnia and Herzegovina 1
- Colombia 1
- Comoros 1
- Georgia 1
- Kazakhstan 1
- Kosovo 1
- Mauritania 1
- Morocco 1
- Pakistan 1
- Sierra Leone 1
- Ukraine 1
- United Kingdom 1
