New Communicated cases against The Netherlands, Turkey, and Greece

Date: 
Friday, November 29, 2019
  • F.O v The Netherlands (Application No. 48125/19): and V. A v and others v The Netherlands and Italy (Application No. 48062/19): The cases concern the Dublin returns of Nigerian nationals from The Netherlands to Italy. The case of F.O concerns a married couple from Nigeria and their two month old child. The case of V.A and others concerns the Dublin return of a husband and wife and their four children aged between three months and eight years old. The cases are brought following the conclusion that the Italian “Salvini Decree” did not find that asylum proceedings and reception conditions were affected by systemic shortcomings. As a result, the applications for international protection were not considered by the Dutch authorities on the basis that Italy was responsible for assessing the application under the Dublin III Regulation.  In both cases, the applicants complain that without individual guarantees of adequate reception facilities from the Italian government, their returns to Italy would result in a violation under Article 3 ECHR.
  • M.O v Turkey (Application No. 43826/19): The applicant, an Uzbek national, fled to Turkey in 2008 due to fear of persecution in Uzbekistan because of his religious convictions. He and his family were granted mandate refugee status by UNHCR in 2009. In March 2015, the applicant’s request for international protection was rejected and his deportation was subsequently ordered in November 2016. The applicant complains that he would face a real risk of ill treatment contrary to Article 3 ECHR in the event of return to Uzbekistan. He also complains that his return would violate his right to private and family life under Article 8 ECHR due to the life he has established since his arrival in 2008.
  • A.E.A v Greece (Application No. 39034/12): The case concerns a Sudanese national who was arrested, detained and tortured as a result of political activity and support for African Tribes. In 2003, the applicant fled to Egypt, before moving through Turkey in 2008, and finally to Greece in 2009. He attempted to submit an application for international protection in Athens, but was refused. The applicant lived in Athens without a fixed address, without access to a reception facility, food or drinking water. Without a residence permit, the applicant also had no access to work or medical care. In July 2012, asylum authorities registered his application for international protection, although asylum procedures are still pending. The applicant complains that the shortcomings in asylum procedures amounted to a violation under Article 3 with Article 13 ECHR. It is further complained that the applicant’s living conditions of total deprivation were a direct result of the failure of authorities to register his application.

         Based on an unofficial translation by the EWLU team.


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 pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.

 

                                                     

 

Keywords: 
Dublin Transfer
Family unity (right to)
Inhuman or degrading treatment or punishment
Reception conditions