EDAL case summaries
Country of Decision: Germany
Country of Applicant: Turkey
Keywords: Exclusion from protection, Serious non-political crime, Individual assessment, Manifestly unfounded application, Right to remain pending a decision (Suspensive effect), Terrorism
The exclusion ground “serious non-political crime” does not automatically apply to a supporter of the PKK. In contrast, an examination of the individual responsibility has to be carried out in each case.
Date: 19-11-2010
Country of Applicant: Turkey
Keywords: Detention, Effective remedy (right to), Material reception conditions, Political Opinion, Real risk, Refugee Status, Right to remain pending a decision (Suspensive effect), Well-founded fear
The European Court of Human Rights held that there had been a violation of Article 3 with regards to the applicant’s detention conditions in Soufli and Attiki (Petrou Rali). It further found a violation of Article 5 §§ 1 and 4 due to the unlawful detention of the applicant and the lack of remedies to challenge it.
Date: 11-09-2009
Country of Decision: Greece
Country of Applicant: Turkey
Keywords: Access to the labour market, Detention, Non-refoulement, Procedural guarantees, Protection, Real risk, Refugee Status, Revocation of protection status, Right to remain pending a decision (Suspensive effect), Well-founded fear
Application to give suspensive effect to a decision by the Minister for Public Order
This case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law.
Immediate deportation would expose the applicant to the risk of suffering irreparable harm in the event that his application for annulment is successful. Because of the severity of that harm, moves to deport him must be given suspensive effect until there has been a final decision on his application...
Date: 15-09-2000
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- Detention 2
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- Well-founded fear 2
- Access to the labour market 1
- Effective remedy (right to) 1
- Exclusion from protection 1
- Individual assessment 1
- Manifestly unfounded application 1
- Material reception conditions 1
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