EDAL case summaries

The request submitted by the Italian authorities to Norway to take back the applicant would imply his immediate repatriation to his country of origin, Afghanistan, which, in the light of the Court’s reasoning, is not to be considered a safe country.

This case dealt with the issue of whether the Secretary of State’s certification of the asylum claims of the two independent applicants as “clearly unfounded” was flawed on public law grounds, and the important difference between a decision on refugee status itself and a decision on a claim being “clearly unfounded”.
 

The case examined the allegations of the applicant that his proposed expulsion to Turkey would place him at risk of inhuman and degrading treatment and would jeopardize his physical and health integrity.

The Court found no violation of the articles 2 and 3 of the Convention and held the claimed violations of articles 6 and 8 to be unfounded.

The Council of State denied the Applicants’ appeal against the decision made by the Board of the Office for the Protection of Refugees and Stateless Persons (OFPRA) to include Georgia and the Republic of Albania in the list of safe countries of origin because, amongst other things, these countries are democratic institutions and are parties to the ECHR.

The Council of State granted the Applicants’ appeal against the decision made by the Board of OFPRA to include the Republic of Kosovo in the list of safe countries of origin because, amongst other things, the country’s political and...