EDAL case summaries

Not all cases with an international element can establish jurisdiction under the Convention; an assessment of exceptional circumstances on the basis of the specific facts of each case is required.

The applicants do not have any connecting links with Belgium and their sole presence in the premises of the Belgian Embassy in Lebanon cannot establish jurisdiction, as they were never under the de facto control of Belgian diplomatic or consular agents. Jurisdiction under Article 1 ECHR cannot be established solely on the basis of an administrative...

The fact that an asylum seeker has already been persecuted in the past or has been subject to direct threats of persecution, was considered as a well-founded argument to believe that the applicant would face the risk to be persecuted under Article 1, Section A §2 of the 1951 Refugee Convention.  

Member States cannot merely refer to the existence of public order and security concerns under Article 72 TFEU, in order to derogate from their obligations under Title V without proving that it was necessary to do so. Such a derogation cannot be made unilaterally without any control by the European institutions. As the assessment of whether an applicant constitutes a danger to national security or public order should be thorough and individualised, in accordance with previous findings in C‑369/17 (Ahmed), Member States cannot invoke this provision in the context of...

The detention of children is, in principle, permitted under Article 5 ECHR for the shortest amount of time, in appropriate conditions and facilities, and only after the Government has correctly concluded that less coercive measures are unavailable.

The complaint of the applicants under Article 3 are manifestly unfounded.