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Country of Decision: Greece
Keywords: Freedom of movement (right to)
The Court annulled the no. 10464/31.05.2017 Decision of the Director of the Asylum Service, on the basis of which, the restriction on the movement of applicants for international protection entering the Greek islands of Lesvos, Rhodes, Samos, Kos, Leros and Chios after the 20th of March 2016, was imposed. Furthermore, the Court ruled that the competent authority may not impose the contentious restriction on movement to applicants for international protection arriving in the Greek islands after the date of the publication of the judgment.
Date: 17-04-2018
Country of Applicant: Eritrea
Keywords: Assessment of facts and circumstances, Best interest of the child, Family member, Family reunification, Family unity (right to), Unaccompanied minor
An asylum applicant who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must still be regarded as a “minor” for the purposes of that provision.
Date: 12-04-2018
Country of Decision: France
Country of Applicant: Russia
Keywords: Exclusion from protection, Personal interview, Procedural guarantees
The Council of State annulled the decision from the French national court on asylum (CNDA) after noting it had not examined the applicant’s submission that he did not have access to an interpreter during his personal interview for a re-examination of his asylum application. He had indeed appealed against the decision of the French immigration authorities (OFPRA) rejecting his claim despite his inability to be understood.
Date: 11-04-2018
Country of Decision: France
Country of Applicant: Turkey
Keywords: Acts contrary to the purposes and principles of the UN, Exclusion from protection, Refugee Status, Terrorism
The applicant’s asylum claim has been rejected on the grounds of Article 1F(c) of the 1951 Refugee Convention. The act he committed would amount to being contrary to the purposes and principles of the UN. However, the Council of State hereby decided that in failing to seek and qualify the severity of this act in the light of its effects internationally, the lower court made an error of law.
Date: 11-04-2018
Country of Applicant: Russia
Keywords: Detention
The ECtHR held that the detention for almost six months of a Russian national and her three children in a detention centre in Poland amounted to a violation of Article 8, as even in the light of the risk that the family might abscond, the authorities failed to provide sufficient reasons to justify the detention for such a length of time.
Date: 10-04-2018
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
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