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ECtHR- Labsi v. Slovakia, Application no. 33809/08, 24 September 2012
Country of applicant: Algeria

The European Court of Human Rights held that the expulsion of an Algerian national from Slovakia to Algeria, in contempt of an interim measure issued by the Court, was in violation of Articles 3, 13 and 34 of the Convention.

Date of decision: 24-09-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Article 2,Article 3,Article 13,Article 15,Article 29,Article 34,Article 35,Article 41,Article 44
Poland - Regional Administrative Court in Warsaw, 8 August 2012, V SA/Wa 621/12
Country of applicant: Afghanistan

The notion of “well-founded fear” has not been precisely defined. However, it is commonly accepted that it must necessarily contain two elements: a subjective element (the party has a real and credible fear of persecution) and an objective element (this fear has a basis in reality).  A person applying for refugee status should present facts and possibly evidence confirming that they were persecuted in the past or that they fear persecution upon returning to their country of origin. Other reasons for a foreigner leaving their country of origin or fearing a return to their country of origin are immaterial as regards recognition of their refugee status.

Date of decision: 08-08-2012
Relevant International and European Legislation: Art 2,Art 4,Art 6,Art 23,Art 1A,Article 2,Article 3,Article 4,Article 5,Article 6,Article 7,Article 8,UN Convention on the Rights of the Child
Poland - Regional Administrative Court in Warsaw, 28 June 2012, V SA/Wa 2460/11
Country of applicant: Russia

B.G., a citizen of the Russian Federation, applied for refugee status, citing persecution experienced due to his brother being in prison. The authorities of both instances questioned his credibility, citing numerous inconsistencies in the various testimonies given. The foreignor then appealed to the Regional Administrative Court, which dismissed the appeal on the grounds that the proceedings had been conducted properly and referring to the fact that the foreignor was able to flee internally in his country of origin.

The authority conducting the proceedings provides, where necessary, translations into Polish of documents in a foreign language that are admissible as evidence in refugee status proceedings.

The option of internal flight means that if there is a part of the country of origin where there are no circumstances justifying the foreignor's fear of persecution or serious harm and it can reasonably be presumed that the foreignor will be able to move there without impediment, there is no well-founded fear of persecution or actual risk of serious harm in the country of origin. If the conditions in one region do not suit the foreignor, he can try to move to another part of the country.

Date of decision: 28-06-2012
Relevant International and European Legislation: Art 8,Art 2,Art 4,Art 23,Article 2,Article 3,Article 4,Article 5,Article 6,Article 7,Article 8
UK - Upper Tribunal (Asylum and Immigration Chamber), AK (Article 15(c)) Afghanistan CG, [2012] UKUT 163 (IAC)
Country of applicant: Afghanistan

There is not currently an indiscriminate conflict in Afghanistan (as a whole, or in any province) within the meaning of Article 15(c). Internal protection is in general possible in Kabul; however it is unreasonable to expect certain categories of women to seek internal protection within Afghanistan.

Date of decision: 18-05-2012
Relevant International and European Legislation: Art 15 (c),Art 15 (a),Art 15 (b),Art 8,Art 9,Art 24.2,Art 4,Recital 25,Art 8,3.,Article 2,Article 3
ECtHR - Yoh-Ekale Mwanje v. Belgium, Application No. 10486/10, 20 December 2011
Country of applicant: Cameroon

The case relates to the detention and proposed deportation from Belgium of an irregularly present Cameroonian national suffering from HIV.

The Court unanimously found that her deportation to Cameroon would not violate Article 2 or Article 3 ECHR. However, she had not been able to effectively challenge the deportation decision, in violation of Article 13.

The Court found a violation of Article 3 based on the lack of appropriate treatment while she was detained. Further, the additional period of detention following interim measures by the Court preventing her removal, was unlawful and violated Article 5(1)f).  

Date of decision: 20-12-2011
Relevant International and European Legislation: EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3,Article 5,Article 13,Art 5.1
Austria- Constitutional Court, 13 December 2011, U1907/10
Country of applicant: Russia

As a result of six convictions owing to trivial offences against property, subsidiary protection was withdrawn from the Applicant, as he would represent a danger to the general public. The Constitutional Court revoked this decision as unconstitutional: the Asylum Court had not interpreted the corresponding national stipulation in accordance with the Directives as the crimes committed were not of the seriousness required in Art 17 Qualification Directive.

Date of decision: 13-12-2011
Relevant International and European Legislation: Art 17,Art 1F,Art 19,Art 6,Art 13,Article 2,Article 3
Czech Republic - Supreme Administrative Court, 3 November 2011, O.P. v Ministry of Interior, 2 Azs 28/2011-82
Country of applicant: Ghana

When refusing a claim for asylum the decision-maker must establish beyond reasonable doubt that the applicant's fear is not well founded.

Date of decision: 03-11-2011
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4,Art 1,Art 2 (c),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3
UK - High Court, 11 August 2011, Elayathamby, R (on the application of) v Secretary of State for the Home Department [2011] EWHC 2182 (Admin)
Country of applicant: Sri Lanka

The Administrative Court considered the removal of a Sri Lankan from the UK to Cyprus under the Dublin Regulation. The applicant had been recognised under UNHCR’s mandate as being a refugee in Malaysia but had subsequently travelled via Thailand, Syria and Cyprus to the UK. The Court found that there was no legitimate expectation under the UK’s Mandate Refugee policy to consider his claim in the UK. Further, applying the principles in MSS v Belgium and Greece and KRS v UK, it found that the evidence was insufficient to establish that he faced a risk of onward refoulement from Cyprus to Sri Lanka or that detention conditions or living conditions in Cyprus should prevent his removal. 

Date of decision: 11-08-2011
Relevant International and European Legislation: 1951 Refugee Convention,Art 33,Preamble,Art 35,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,2.,Article 9,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 2,Article 3
Austria - Constitutional Court, 28 June 2011, B4/11
Country of applicant: Guinea

Legality of detention in the event of imminent deportation to Greece, if the detention was imposed before the judgment by the ECtHR in the case M.S.S. v Belgium and Greece (application no. 30696/09) and there is an enforceable expulsion decision.

Date of decision: 28-06-2011
Relevant International and European Legislation: Art 18,Art 21,Art 23.4 (h),Art 32,Art 6,Art 13,Article 4,Article 19,Article 39,Article 15,2.,Article 10,Article 18,Article 2,Article 3,Article 5,Article 8
ECtHR- D.B. v. Turkey, Application no. 33526/08, 13 October 2010
Country of applicant: Turkey

The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.

Date of decision: 13-10-2010
Relevant International and European Legislation: Article 2,Article 3,Article 13,Article 34,Article 41