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Hungary - Szeged District Court, 13 November 2015, 17.Ir.261/2015/5
Country of applicant: Iraq
Keywords: Detention, Non-refoulement, Persecution (acts of), Safe country of origin, Return

The Iraqi Kurdish Applicant was placed in immigration detention, while waiting for the recipient statement of the Serbian authority on the basis of the readmission agreement. After the Serbian authority rejected the deportation towards Serbia, the OIN modified its decision regarding deportation towards the place of origin, to Iraq and prolonged the immigration detention of the Applicant.

The Court ruled that deportation towards Iraq cannot be carried out because of the prohibition of non-refoulement and terminated the immigration detention of the Applicant.

Date of decision: 13-11-2015
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 5,Article 9,Article 15,1.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Slovakia – Supreme Court, 29/7/2014, M.L.J. in Ministry of Interior of the Slovak Republic, Presidium of the Police Force, Foreign and Border Police, Directorate of the Foreign and Border Police Sobrance, Department of the Border Control Podhoroď, 1Sža/21
Country of applicant: Afghanistan
Keywords: Detention, Right to remain pending a decision (Suspensive effect), Return

The Respondent erred in detaining the Applicant under § 88a (1)(a) point 1 of Act No 404/2011 Coll. on the residence of aliens and amending certain other Acts in proceedings relating to administrative expulsion to the Ukraine, despite being aware of the Applicant’s intention to apply for asylum. The Respondent also incorrectly assessed whether Ukraine is a safe third country as he failed to take into account recent information on the current situation in Ukraine. Moreover, in assessing the risk of absconding, the Respondent asked improper questions. As such the Respondent's conduct violates principles of good governance.

Date of decision: 29-07-2014
Relevant International and European Legislation: 1951 Refugee Convention,Art 32,Art 31,EN - Charter of Fundamental Rights of the European Union,Article 6,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (9),Article 15,1.,4.,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 7,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Art 5.1,Art 5.4
CJEU - Joined Cases C‑473/13 and C‑514/13 Adala Bero v Regierungspräsidium Kassel and Ettayebi Bouzalmate v Kreisverwaltung Kleve
Country of applicant: Morocco, Syria
Keywords: Detention, Reception conditions, Return

A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal.

Date of decision: 17-07-2014
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 1,Article 7,Article 14,Article 24,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (2),Recital (6),Recital (16),Recital (17),Article 1,Article 15,1.,5.,6.,Article 16,1.,Article 18
CJEU - C‑474/13, Thi Ly Pham v Stadt Schweinfurt, Amt für Meldewesen und Statistik
Country of applicant: Vietnam
Keywords: Detention, Reception conditions, Return

A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal. The same rule applies even if the migration detainee has consented to being confined to prison.

Date of decision: 17-07-2014
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 16,Article 18,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (17),Article 15,1.,5.,6.
Slovenia - Administrative Court of the Republic of Slovenia, 28 July 2011, I U 1353/2011
Country of applicant: Somalia
Keywords: Relevant Documentation, Dublin Transfer

Restriction of movement due to the lack of official identification papers can occur only when the Applicant raises sufficient doubt as regards the credibility of his declared identity, at which the actual circumstances of the case at hand need to be taken into account.

The restriction of movement due to the presence of the Applicant’s fingerprints in the EURODAC base is permissible only if the actual circumstances of the case at hand indicate that the Applicant might flee.

Date of decision: 28-07-2011
Relevant International and European Legislation: Article 6,Article 52,Article 7,3.,Recital (13),Recital (16),Article 15,1.,1. (c),Article 3,Art 5.1 (f)