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Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Individual assessment, Inhuman or degrading treatment or punishment, Procedural guarantees, Return
The standardised nature of the questions to the applicants and similarities in the responses recorded do not necessarily indicate a lack of individualised assessment. The applicants were not deprived of an opportunity to submit arguments against their expulsion and did not make any claim of persecution risks in their country of origin. No collective expulsion under Article 4 Protocol 4 has been established.
Similarly, no violation of Article 4 Protocol 4 in conjunction with Article 13 has been established, as the claim cannot be considered...
Date: 24-03-2020
Country of Applicant: Ivory Coast, Mali
Keywords: Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Return
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.
Date: 13-02-2020
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 Decision: Italy
Country of Applicant: Lebanon, Palestinian Territory
Keywords: Accommodation centre, Effective access to procedures, Family member, Procedural guarantees, Residence document
When a refugee and their child apply for international protection, the Police Headquarters shall not make residence or parental relationship the conditions for submitting their application.
Date: 21-11-2018
Country of Decision: France
Country of Applicant: France
Keywords: Delay, Effective access to procedures, Effective remedy (right to), Procedural guarantees, Return
The Constitutional Council decides on the constitutionality of the 48H limit under national law for a third-country national to appeal against an order to be escorted to the border. The Council found that the deadline is in line with the French Constitution, as it guarantees the right to an effective remedy.
Date: 19-10-2018
Country of Decision: France
Country of Applicant: Somalia
Keywords: Dublin Transfer, Indirect refoulement, Obligation to give reasons, Personal circumstances of applicant, Procedural guarantees, Responsibility for examining application, Subsidiary Protection
The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.
Any decision must be reasoned and translated into a language understandable to the applicant.
Date: 24-09-2018
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Delay, Effective remedy (right to), Personal interview, Procedural guarantees
The Federal Administrative Court has to clarify whether the petition for action directed solely at the obligation to decide on the asylum application is admissible. The question if it is also possible to directly oblige the defendant to grant international protection or to establish prohibitions on deportation by means of an action is not the subject of the decision. As a result, the court comes to the conclusion that there was a delay by the respondent of providing the decision on the asylum application without sufficient reason and that the plaintiff has a need for...
Date: 11-07-2018
Country of Decision: Spain
Keywords: Dublin Transfer, Procedural guarantees
The Administrative Chamber of the Spanish Supreme Court established that Spain is bound by two Council Decisions of May and September 2015 establishing an EU Emergency Relocation Mechanism aimed at distributing a number of refugees that have arrived to Italy and Greece.
Date: 09-07-2018
Country of Decision: Italy
Country of Applicant: Senegal
Keywords: Assessment of facts and circumstances, Individual assessment, Personal interview, Procedural guarantees, Refugee Status
In the lack of audiovisual recording of the interview, the Judge must set the appearance hearing, otherwise being the decree issued null and void for the breach of the adversarial principle.
Date: 27-06-2018
Country of Applicant: United States
Keywords: Effective access to procedures, Family unity (right to), Procedural guarantees
The European Court of Human Rights finds Russian authorities violated an American national’s Article 8 right to respect for family life, as it had compelled her to leave Russia, where her husband and minor child were living.
Date: 12-06-2018
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