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Country of Applicant: Egypt
Keywords: Burden of proof, Detention, Refugee Status
The ECtHR ruled that the detention of an Egyptian national upon arrival in Belgium was lawful as there had been no violation of Article 5(1) of ECHR and the refusal of refugee status was justified.
Date: 04-04-2018
Country of Applicant: Afghanistan
Keywords: Inhuman or degrading treatment or punishment, Vulnerable person
The exhaustion of domestic remedies is a prerequisite for the admissibility of applications lodged with the ECtHR under Article 35 ECHR. Removal of individuals suffering from severe medical problems may not be considered inhumane in the meaning of Article 3 ECHR, when suitable treatment exists in the country of origin.
Date: 03-04-2018
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Delay, Dublin Transfer, First country of asylum, Request to take back
The Council of State grants the appeal lodged by the Minister of the Interior, who asked for the annulment of the order issued by the administrative tribunal’s relief judge. The latter had suspended not only the execution of the decision refusing to register M. A…’s asylum application, but also the execution regarding his transfer, by ruling ultra petita. After qualifying M. A…’s non-attendance to the repeated notifications sent for the purpose of his transfer as being intentional and systematic, the Council of State concludes in this case that no violation was found against M. A...
Date: 16-03-2018
Country of Applicant: Sudan
Keywords: Access to the labour market, Effective access to procedures, Effective remedy (right to), Material reception conditions, Reception conditions, Right to remain pending a decision (Suspensive effect), Torture
The possibility to lodge an asylum application in practice is a prerequisite for the effective protection of those in need of international protection. If access to the asylum procedure is not guaranteed by the national authorities, asylum applicants cannot benefit from the guarantees afforded to those under the asylum procedure, leaving them subject to detention at any time. The length of time in which it took for the applicant to lodge his asylum application violated his rights under Article 13 read in conjunction with Article 3 ECHR.
Date: 15-03-2018
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Country of origin information, Dublin Transfer, Indiscriminate violence, Request to take back, Subsidiary Protection
An internal armed conflict, characterised by armed clashes, prevails throughout the whole territory of Afghanistan. The situation in the Kabul region and the city itself constitutes indiscriminate violence resulting from this internal armed conflict.
Transferring a family to Finland under the Dublin Regulation where their asylum application and subsequent appeals have been rejected is unlawful on account of the humanitarian and security situation in Afghanistan.
Date: 13-03-2018
Country of Decision: Denmark
Country of Applicant: Iraq
Keywords: Country of origin information, Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sexual orientation, Well-founded fear
The applicant, an ethnic Kurd and Sunni Muslim from Kirkuk, Iraq, became aware of his sexual orientation when he was 20/22 years of age and has since had relations with several men and during a longer period worked as a prostitute.
The Refugee Appeals Board accepted the applicants account and found that the applicant as a Kurd from Northern Iraq, according to country of origin information, would risk persecution if he was to return to Iraq and live openly as a homosexual. Consequently, the applicant was granted refugee status under the Danish Aliens Act art. 7 (1).
Date: 06-03-2018
Country of Decision: Sweden
Country of Applicant: Eritrea
Keywords: Dependant (Dependent person), Family member, Family reunification, Relevant Documentation, Standard of proof
The Appellant and the appellant’s children were applying for leave to remain in Sweden due to affiliation with their husband and father respectively who had been granted a permanent right of residency in Sweden as a refugee - despite them not being able to prove their identities. Due to the appellant’s lack of relevant documentation for her and the children, the court had to consider the circumstances in which a person can be granted alleviation of evidentiary burden in terms of proving their identity.
The Migration Court of Appeal granted the appeal and held that...
Date: 05-03-2018
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Internal armed conflict, Persecution Grounds/Reasons, Refugee Status, Relevant Documentation
The complainant, an Ethnic Arab and Sunni Muslim from Damascus, Syria, was granted temporary protection under the Danish Aliens Act Art. 7 (3).
On 1 March 2017, the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1).
The Board accepted that the complainant, who did not want to be redrafted into the Syrian Army, if he returned to Syria, would be at risk of being recalled to military service and therefore at specific and individual risk of persecution covered by the Danish Aliens Act Art. 7 (1). Consequently, the complainant was granted...
Date: 01-03-2018
Country of Applicant: Nigeria
Keywords: Best interest of the child, Family unity (right to)
The applicant claimed that Germany violated his right of family life under Article 8 of the Convention by refusing to grant him a residence permit.
Date: 01-03-2018
Country of Applicant: Syria
Keywords: Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment, Real risk
The Court indicated interim measures (under Rule 39) to Russia after the order of removal of a Syrian national who applied for asylum after the expiry of his student visa. Subsequently, the applicant applied to the Court against the Russian Federation claiming that Russia had breached his rights under Articles 2, 3, 5(1)(f) and 5(4) of the Convention.
Date: 27-02-2018
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