EDAL case summaries

The Court found no violation of the Convention given that the applicants would have had access to a genuine and effective possibility of submitting arguments against their expulsion had  they entered lawfully into Spain – they did not have any “cogent reasons” for not using the border procedures available at designated entry points. As such, the lack of an individualised procedure for their removal was the consequence of their own conduct.

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...

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.  

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.