Communicated cases against Greece (application no. 19614/20) and the Netherlands (application no. 64534/19)

Date: 
Monday, January 18, 2021
  • A.B v Greece (application no. 19614/20) concerns the living conditions of a pregnant woman in the Pyli hotspot on the island of Kos. The ECtHR asks the parties whether, taking into account the applicant’s vulnerability as a pregnant woman, there has been a violation of Article 3 and/or Article 8 ECHR on account of her living conditions in and around Pyli hotspot on Kos island?
  • Abdi Ali Mahamud v the Netherlands (application no. 64534/19) concerns a request for family reunion lodged by a Somali national living in the Netherlands on behalf of his brother. The applicant applied for a provisional residence permit and submitted that “more than the normal emotional ties” existed between them, as his brother and their mother had lived with him and his children since 1992. His nine children and a foster child received provisional residence visas, and his brother was the only person left behind after the death of his mother. The applicant and his brother always considered each other like father and son, and they are in daily contact. His brother suffered from medical problems that made him unable to go to school or work and he receives financial and emotional support from the applicant. The authorities rejected the application, finding that there were no indications that his brother was “exclusively dependent” on the applicant and that “more than the normal emotional ties” had not been established. The applicant complains, under Article 8 ECHR, that the denial of family reunion violates his right to respect for his family life.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is published but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.                               

Keywords: 
Family member
Family reunification
Family unity (right to)
Inhuman or degrading treatment or punishment
Reception conditions
Vulnerable person