Case summaries
The application was in three parts: the applicants asked the tribunal to annul the police commissioner’s decision on how the registration of asylum requests was carried out in Paris; to compel the police commissioner to re-examine the methods of registration; to fine the state €1500. The first two parts of the application were granted but the third was not.
The Federal Administrative Court rules, that the significant risk of absconding for ‘Dublin-detention’ orders must always be assessed on a case-by-case basis. The sole existence of a ground for detention as set out in Art. 76a(2) AuG does not automatically indicate a significant risk absconding. Such an order is unlawful and must be rescinded. The Court ‘warns’ the SEM that the current practices are very concerning and require adaptation.
The Administrative Court Minden has temporarily prohibited the Dublin transfer of a Nigerian refugee to Italy due to systematic deficiencies within the local reception conditions.
The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims. A further right to appeal remained with the Cypriot Supreme Court. The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.
The Court concluded that there was no real risk that the applicants, if returned to Iran from Cyprus, would be refouled there and the inclusion of Cyprus on the list of safe third countries involves no incompatibility with the ECHR. The Court was wholly unpersuaded that there was any flagrant breach of Article 5 in Cyprus for Dublin returnees who have had a final decision on their claim.
The considerable delays of receiving an appointment at the Prefect in order to register an asylum application means that applicants are deprived of legally entitled guarantees, notably material ones. Consequentially such delays constitute a serious and manifestly illegal infringement upon the fundamental right to asylum.
The Police Prefect must register the asylum application within 10 days of the notification of this decision.
Article 8(3)(e) of the recast Reception Conditions Directive fulfils the requirements of proportionality by virtue of the strictly circumscribed framework regulating its use. In light of Article 52(3) of the Charter, Article 8(3)(e) therefore complies with Article 5(1)(f) of the ECHR.
It is an appeal against the decision handed down by the Administrative Court of Lisboa that granted asylum to a Syrian citizen.
The recursive claim was declared unfounded by the Central Court, inter alia because the applicant’s mere transit from Brazil could not be considered as a connecting link that could render Brazil a safe third country.
The Court found that there had been a violation of Article 3 in relation to detention conditions at Tychero. There was no violation of Article 5(1) insofar as the detention was not arbitrary and was in accordance with a procedure prescribed by law, but there was a violation of Article 5(4) in relation to the ineffectiveness of the judicial review of detention conditions. Further, there was a violation of Article 13 read in conjunction with Article 3, because the Greek authorities had deported the Applicant to Turkey, without verifying whether his asylum claim was still pending.
The Court found a violation of Articles 3 and 5(4) ECHR in relation to the Applicant’s detention conditions at Fylakio and Aspropyrgos, and the shortcomings of domestic law in relation to the judicial review of his detention.
The Upper Tribunal ordered the Secretary of State for the Home Department to immediately admit four vulnerable Syrians from an unofficial migrant camp in France to the United Kingdom in order to be reunited with refugee family members during the examination their asylum applications. Although they had not applied for asylum in France or been subject to Dublin procedures, the particular circumstances meant that failing to do so would lead to a disproportionate interference with their right to respect for family life.