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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
Germany – Administrative Court of Justice Baden-Württemberg, 15 March 2017, A 11 S 2151/16
Country of applicant: Gambia
Keywords: Delay, Dublin Transfer

Request to the European Court of Justice for a preliminary ruling on the following issues: Procedural delay, jurisdiction and living conditions under the Dublin Regulation. 

Date of decision: 15-03-2017
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 2,Article 29,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
France - Council of State, 6 February 2017, Mr. and Mrs. C., No. 392593
Country of applicant: Russia

Where the ECtHR has, under Article 39 of the ECHR, granted interim measures prohibiting the Government from deporting the Applicant, this does not impact the ability of national courts to rule on the Applicant’s claim to asylum. The interim measures are binding on national authorities only.

Date of decision: 06-02-2017
Relevant International and European Legislation: 1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,International Law,Council of Europe Instruments,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 6,Article 13,Article 34,Article 39,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
France - Council of State, 23 December 2016, Association La Cimade et autres N°394819

In this application, the associations ask the Council of State to annul, for abuse of power, the decree n°2015-1329 of 21 October 2015 on the allowance granted to asylum seekers.

This decree is here annulled by the Council of State because its article 2 doesn’t provide for a sufficient additional amount for adult asylum seekers to allow them to seek private housing when they weren’t provided with an accommodation but had accepted material reception conditions. 

Date of decision: 23-12-2016
Relevant International and European Legislation: 1951 Refugee Convention,European Union Law,International Law,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 17,UN Convention on the Rights of the Child
Italy - Council of State, 27 September 2016, N.00198/2016 REG. RIC.
Country of applicant: Unknown

The asylum applicant cannot be transferred to Bulgaria because he would face a real risk of being subjected to inhuman or degrading treatment pursuant to Article 4 of the EU Charter of Fundamental Rights.

Date of decision: 27-09-2016
Relevant International and European Legislation: Article 4,Article 3,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
Greece - Administrative Court of Trikala, 17/2016
Country of applicant: Unknown

Following the making of an application for international protection, detention for the purpose of removal must be terminated in the absence of a new detention order, based on an individualised assessment of the grounds for detention of asylum seekers. The applicant must be released upon condition of appearing in person before the responsible authority for the full registration of his or her application, failing which return proceedings may be executed.

Date of decision: 01-09-2016
Relevant International and European Legislation: European Union Law,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 6,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 15,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8
Slovenia - Administrative Court of the Republic of Slovenia, 29 July 2016, Judgment I U 1102/2016
Country of applicant: Afghanistan

The Slovenian legislature has not fulfilled its obligations under the provisions of Article 2(n) of the Dublin Regulation. The possibility of an analogous application of Article 68 of the Aliens Act-2 has a very weak basis in terms of the objective criteria required. It can only be sufficient in a particular case if in light of the specific circumstances of the case there is no doubt about the existence of the risk of absconding.

Date of decision: 29-07-2016
Relevant International and European Legislation: 1951 Refugee Convention,Art 31,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 6,Article 53,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (27),Recital (54),Article 9,Article 26,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (9),Article 3,Article 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 2,Article 28,Article 49,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (15),Recital (16),Recital (17),Recital (18),Recital (19),Recital (20),Article 2,Article 7,Article 8,Article 9,Article 10,Article 11,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78
Italy - Council of State, 7 July 2016, No. RG 196/2016
Country of applicant: Unknown

It is unlawful to transfer an asylum applicant under the Dublin Regulation to a country, in this case Bulgaria, where the reception conditions conflict with Article 4 of the EU Charter of Fundamental Rights.

Date of decision: 07-07-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,EN - Charter of Fundamental Rights of the European Union,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
Slovenia - Constitutional Court of the Republic of Slovenia, 16 June 2016, Judgment U-I-68/16, Up-213/15
Country of applicant: Kosovo, Serbia

Regarding the protection of the right to family life in asylum procedures, same-sex partnerships are in a comparable situation with heterosexual relationships. A distinction between the applicants for international protection based on sexual orientation is not in compliance with the Constitution. Article 16b(1) of IPA, which does not consider persons of a same-sex living in established partnership as family members, is inconsistent with the right to non-discriminatory treatment in the exercise of the right to family life.

Date of decision: 16-06-2016
Relevant International and European Legislation: European Union Law,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (22),Article 12
Slovenia - Administrative Court of the Republic of Slovenia, I U 835/2016, 14 June 2016

The applicant’s asylum application was rejected in Croatia and he received an order to leave the country in 30 days. The Slovenian Asylum authority detained the applicant due to the risk of absconding, because he left Croatia before receiving a decision in his asylum procedure. The Court ruled that the applicant’s departure from Croatia was incorrectly assessed as arbitrary absconding (the applicant actually respected the order to leave the country) and therefore the applicant does not present a risk of absconding. The Court also held that the measure was not necessary, that the Asylum authority incorrectly referred to its discretionary powers in this matter and that the objective criteria to determine when someone presents the risk of absconding (from Article 68 of Aliens Act-2) have not been applied.

Date of decision: 14-06-2016
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 6,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 2,Article 19,Article 28,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 9