Case summaries
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.