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Country of Applicant: Afghanistan
Keywords: Credibility assessment, Inhuman or degrading treatment or punishment, Internal armed conflict, Safe country of origin, Serious harm, Well-founded fear
The European Court of Human Rights ruled that the removal of families belonging to the Sikh religious minority to Afghanistan would not constitute a violation of Article 3 ECHR, as the applicants’ situation failed to reach the severity threshold required by this Article. Despite the fact that the Sikh community suffers from intimidation and intolerance within the Afghan society, the Court did not find that this group is the target of a practice of a systematic practice of ill-treatment, despite any difficulties they may be facing in the country.
Date: 25-02-2020
Country of Applicant: China
Keywords: Assessment of facts and circumstances, Indirect refoulement, Individual assessment, Non-refoulement, Real risk, Terrorism
The fact that many Uighurs who have returned to China have been detained in “re-education camps”, or have otherwise faced the risk of imprisonment and ill-treatment, combined with the applicants’ individual circumstances, establishes substantial grounds to believe that the applicants would be at real risk of arbitrary detention, and inhuman treatment, or even death, if they were removed to their country of origin.
If implemented, the applicants’ removal to China would be in breach of Articles 2 and 3 of the ECHR.
Date: 20-02-2020
Country of Applicant: Ivory Coast, Mali
Keywords: Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Return
The Court found no violation of the Convention given that the applicants would have had access to a genuine and effective possibility of submitting arguments against their expulsion had they entered lawfully into Spain – they did not have any “cogent reasons” for not using the border procedures available at designated entry points. As such, the lack of an individualised procedure for their removal was the consequence of their own conduct.
Date: 13-02-2020
Country of Decision: France
Country of Applicant: Tunisia
Keywords: Detention, Return
The Judge of the liberty and detention of the Nice Judicial Tribunal declared irregular the procedure during which the applicant was notified of his administrative detention more than an hour after the end of his police interrogation.
The Judge considered that the deprivation of liberty during that time had no legal foundation.
Date: 25-01-2020
Country of Decision: Greece
Keywords: Family member, Refugee Status, Relevant Documentation
The domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country and needed to end her marriage.
Date: 31-12-2019
Country of Decision: Switzerland
Country of Applicant: Nigeria
Keywords: Accommodation centre, Dublin Transfer, Individual assessment, Inhuman or degrading treatment or punishment, Material reception conditions, Protection, Reception conditions, Vulnerable person
In view of article 3 of the European Convention on Human Rights, Swiss authorities should obtain formal and detailed guarantees on care and accommodation from the Italian authorities before transferring families and vulnerable persons to Italy under the Dublin III Regulation.
This is because Decree-law 113/218 on Public safety and Immigration in Italy has deeply reformed the Italian refugee reception system.
Date: 17-12-2019
Keywords: Return, Visa
Article 6(1)(e) of the Schengen Borders Code does not preclude the issue of a return decision to a third-country national not subject to a visa requirement and who is present on the territory of a M.S. for a short stay if that national is suspected of having committed a criminal offence. Moreover, the Code does not impose an obligation to establish, in order to issue such a decision, that their conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of the society of the...
Date: 12-12-2019
Keywords: Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Refugee Status, Sponsor
Article 10(2) of Directive 2003/86 allows Member States to define autonomously the nature of the relationship of dependence between the sponsor and the family member not referred in art. 4, as long as the national law have regard of all the relevant circumstances of the refugee’s situation through a case-by-case approach.
Date: 12-12-2019
Country of Decision: Portugal
Keywords: Dublin Transfer, Procedural guarantees
The applicant brought an administrative action before the Administrative Court of the Circuit of Lisbon against the Ministry of Internal Affairs - Foreigners and Borders Service (SEF), in which he sought the annulment of the decision of the National Director of the SEF determining his transfer to Italy and the condemnation of the requested entity in the continuation of the process of international protection.
The Central Administrative Southern Court dismissed the appeal and, on grounds other than those set out in the contested judgment, upheld...
Date: 10-12-2019
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Indiscriminate violence, Internal armed conflict, Internal protection, Non-refoulement, Real risk, Subsidiary Protection
The ECJ has to decide on the assessment of the existence of a serious individual threat by reason of mere presence in a certain area. It has to decide whether there is a minimal threshold of civilian fatalities that excludes such risk or if a holistic approach taking into account all circumstances special to the case has to be followed to assess the existence of such threat.
Date: 29-11-2019
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