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ECtHR - B.F. and Others v. Switzerland, Applications Nos. 13258/18, 15500/18, 57303/18 and 9078/20, 04/07/2023
Country of applicant: China, Eritrea

The Court found that the Swiss legislation sets stringent socio-economic requirements which in practice may render the right to family reunification impossible to exercise, in view of the personal situation of the sponsors residing in Switzerland and who cannot be expected to do the impossible to meet the conditions imposed on them.

Date of decision: 04-07-2023
Relevant International and European Legislation: Art 1A,Article 5,Article 7,Article 8,1.,2.,3.,Article 11,1.,2.,Article 17,Article 14,Art 8.1,Art 8.2,Article 9,Article 10
ECtHR - B.Ü. v. the Czech Republic, Application No. 9264/15, 06/10/2022
Country of applicant: Turkey

Complaint under Article 3 ECHR concerning the conditions of detention of a Turkish national in the Czech Bělá-Jezová detention centre declared inadmissible for non-exhaustion of domestic remedies. Failure to conduct an independent, thorough and victim-accessible investigation into allegations of police ill-treatment at Prague Airport amounts to a violation of the procedural aspect of Article 3 ECHR. Alleged ill-treatment by police officers does not amount to a violation of the substantive aspect of Article 3 ECHR, as the ECtHR cannot establish beyond reasonable doubt that the force used, including pepper spray, was excessive.

Date of decision: 06-10-2022
Relevant International and European Legislation: Article 1,Article 4,Article 18,Art 19.2,Article 35,Article 47,Article 6,Article 8,Article 12,Article 13,Article 14,Article 24,Article 26,Article 46,Article 5,Article 6,Article 8,Article 9,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),1.,2.,3.,4.,5.,Article 3,Article 13,Article 14,Article 34,Article 35,Article 41,Article 44,Art 5.1 (a),Art 5.1 (b),Art 5.1 (c),Art 5.1 (d),Art 5.1 (e),Art 5.1 (f),Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 8.1,Art 8.2,Article 3,Article 18,Article 28,Article 8,Article 9,Article 10,Article 11,Article 19,Article 21,Article 22
Muqishta v. Bosnia and Herzegovina, Application no. 27994/19, 2021
Country of applicant: Bosnia and Herzegovina

The Court decides that the Bosnian administrative authorities unlawfully disregarded the legal provisions pursuant to which the applicant was entitled to other, similar benefits, despite the fact that she specifically invoked those provisions in her appeal. The Sarajevo Cantonal Court thus did not give the applicant’s case a fair hearing. Moreover, the applicant’s case was not remedied by the Constitutional Court.

The Court decides that the proceedings were excessive and failed to meet the ‘reasonable time’ requirement; the Bosnian Government did not put forward any fact or argument capable of justifying the length of the proceedings.

Date of decision: 31-08-2021
Relevant International and European Legislation: Article 14,Article 35,Article 41,Art 6.1,Art 6.2,Art 6.3 (a),Art 6.3 (b),Art 6.3 (c),Art 6.3 (d),Art 6.3 (e),Art 1
ECtHR - M.A. v. Denmark, Application no. 6697/18, 2021
Country of applicant: Syria

Except for very limited exceptions, the statutory three-year waiting period for family reunification of persons granted ‘temporary protection’ does not allow for an individualised assessment of the interest of family unity in light of the concrete situation of the persons concerned. Eventually the Court finds a violation of Article 8 of the Convention since the measure (whose goal is not otherwise challenged) had a disproportionate impact in the case at hand.

Date of decision: 09-07-2021
Relevant International and European Legislation: Art 1A (2),Art 1F(c),Art 28,Art 34,Art 1F(b),Art 1,Art 3,Art 1A,Art 1F(a),Art 32,Art 1C (5),Art 35.1,Art 1D,Art 31,Art 4,Art 16,Art 22,Art 2,Art 13,Art 15,Art 17,Art 21,Art 24,Art 26,Art 27,Art 32.1,Art 33.1,Art 1C (6),Preamble,Art 35,Art 1C (3),Article 3,Article 8,1.,2.,Art 1A (1),Art 1B,Art 1B (1),Art 1B (2),Art 1C (1),Art 1C (2),Art 1C (4),Art 1E,Art 5,Art 6,Art 7,Art 8,Art 9,Art 10,Art 11,Art 12,Art 14,Art 18,Art 19,Art 20,Art 23,Art 25,Art 29,Art 30,Art 32.2,Art 32.3,Art 35.2,Art 36,Art 37,Art 1C,Art 12.1,Art 12.2,Art 16.1,Art 16.2,Art 16.3,Art 17.1,Art 17.2,Art 17.3,Art 19.1,Art 19.2,Art 22.1,Art 22.2,Art 24.1,Art 24.2,Art 24.3,Art 24.4,Art 25.1,Art 25.2,Art 25.3,Art 25.4,Art 25.5,Art 28.1,Art 28.2,Art 29.1,Art 29.2,Art 30.1,Art 30.2,Art 31.1,Art 31.2,Art 33.2,Art 38,Art 39,Art 40,Art 41,Art 42,Art 43,Art 44,Art 45,Art 46,Schedule,Article 3,Article 14,Art 8.1,Art 8.2,Article 2,Article 23,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288
ECtHR – Case of A.S. v France, 19 July 2018, Application No. 46240/15
Country of applicant: France, Morocco

After being notified of his return decision, set to take place on the same day, the applicant requested an interim measure on Article 3 ECHR grounds in the morning but was nonetheless expelled to Morocco in the afternoon. The Court found no violation of Article 3, regarding the applicant’s expulsion to Morocco, by taking into account subsequent information. It found a violation of Article 34 of the Convention, owing to the fact that the applicant had no sufficient time to file a request to the Court, hence running the risk back then of being potentially subjected to treatment prohibited by the Convention.

Date of decision: 19-07-2018
Relevant International and European Legislation: Art 1,Art 33.1,Article 3,Article 4,Article 8,Article 13,Article 14,Article 34,Article 35,Article 41,Article 45
ECtHR - Hoti v. Croatia (no. 63311/14)
Country of applicant: Kosovo

The restriction of the right to reside in a country may entail a violation of Article 8 ECHR, when creating disproportionate effects on the individuals’ private life. States should provide effective and accessible means to protect the right to respect for private and family life.  

 

Date of decision: 26-04-2018
Relevant International and European Legislation: Article 8,Article 14,Article 35,Article 36,Article 37,Article 41
Denmark - Supreme Court Judgement, 6 November 2017, Case no. 107/2017 A v. The Immigration Appeals Board
Country of applicant: Syria

The Supreme Court upheld the judgement of the Eastern High Court that it was not in contravention of the ECHR Article 8 that a Syrian man with temporary protection status in Denmark had to wait 3 years for family reunification with his spouse who was still in Syria. Further, the Supreme Court held that the decision was not in breach of the prohibition of discrimination under Article 14 ECHR.

Date of decision: 06-11-2017
Relevant International and European Legislation: Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,Article 14
ECtHR Thuo v. Cyprus (no. 3869/07)
Country of applicant: Kenya

Lack of prompt investigation of ill-treatment complaints may amount to a procedural violation of Article 3 ECHR. Detention conditions should follow certain standards and individuals should be kept in suitable establishments with enough allocated space.

Date of decision: 04-04-2017
Relevant International and European Legislation: Article 15,Article 16,Article 3,Article 5,Article 6,Article 7,Article 12,Article 13,Article 14,Article 17,Article 18,Article 35,Article 8,Article 9,Article 10
ECtHR – B.A.C. v. Greece, Application no. 11981/15, 13 October 2016
Country of applicant: Turkey

The ECtHR ruled that the Greek authorities had failed in their positive obligation under Article 8 ECHR to guarantee that the applicant’s asylum request is examined within a reasonable time in order to ensure that his situation of insecurity, which impinges upon several elements of his private life, is as short-lived as possible. 

Date of decision: 13-10-2016
Relevant International and European Legislation: Article 46,Article 3,Article 8,Article 13,Article 14,Article 18
ECtHR - Pajić v Croatia, Application no. 68453/13, 23 February 2016
Country of applicant: Bosnia and Herzegovina

Same-sex couples are not excluded from the ambit of the Convention’s family life and cohabiting is not a pre-requisite of establishing family life.

A difference in treatment between persons in relevantly similar positions has occurred in this case since the Croatian Aliens Act has made no provision for same-sex couples seeking a residence permit to join their respective partner, whereas it did contain provisions relating to married and unmarried different-sex couples. The applicant had, therefore, experienced a difference in treatment based on her sexual orientation which had not been justified with weight reasons by the Croatian government. Croatia had, thus, violated Article 14 read in conjunction with Article 8.

Date of decision: 23-02-2016
Relevant International and European Legislation: 1951 Refugee Convention,Art 3,Article 8,Article 14,Article 34,Article 35,Article 36,Article 41,UN Convention on the Rights of the Child