Greece - Single Judge Court of First Instance of Athens, Decision no. 16244/2019, 21 December 2019
| Country of Decision: | Greece |
| Court name: | Single Judge Court of First Instance of Athens |
| Date of decision: | 31-12-2019 |
| Citation: | Single Judge Court of First Instance of Athens, Decision no. 16244/2019, 21 December 2019 |
Keywords:
| Keywords |
|
Relevant Documentation
Description
“All documentation at the applicants disposal regarding the applicant's age, background, including that of relevant relatives, identity, nationality(ies), country(ies) and place(s) of previous residence, previous asylum applications, travel routes, identity and travel documents and the reasons for applying for international protection.” |
|
Refugee Status
Description
The recognition by a Member State of a third-country national or stateless person as a refugee. |
|
Family member
Description
"Generally, persons married to a migrant, or having a relationship legally recognised as equivalent to marriage, as well as their dependent children and other dependants who are recognised as members of the family by applicable legislation. In the context of the Family Reunification Directive 2003/86/EC (and 2003/109/EC, Long-Term Residents), a third-country national, as specified in Article 4 of said Directive and in accordance with the transposition of this Article 4 into national law in the Member State concerned, who has entered the EU for the purpose of Family Reunification… In the context of Asylum, and in particular Council Regulation (EC) 343/2003 (Determining responsible Member State for Asylum claim), this means insofar as the family already existed in the country of origin, the following members of the applicant's family who are present in the territory of the Member States: (i) the spouse of the asylum seeker or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to aliens; (ii) the minor children of couples referred to in point (i) or of the applicant, on condition that they are unmarried and dependent and regardless of whether they were born in or out of wedlock or adopted as defined under the national law; (iii) the father, mother or guardian when the applicant or refugee is a minor and unmarried." |
Headnote:
The domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country and needed to end her marriage.
Facts:
The main plaintiff, mother of the other four minor plaintiffs, and her husband, the defendant, were married in 2000, in Syria, their country of origin. In 2017, the family decided to flee to Greece because of the Syrian conflict and arrived on Samos island, where they stayed in a refugee camp for a while.. The defendant had been abusing the plaintiff repeatedly in Syria, as well as in Greece. On 19/08/2017, the plaintiff was assisted by an NGO and succeeded in changing accommodation to escape from the abuse. Later on, she relocated to Athens with her four children. The defendant was taken into custody and accused of smuggling of migrants.
Having initiated interim proceedings, the mother received a temporary decision on the exclusive exercise of custody of her four minor children). Following this, she also requested the ending of her marriage with the defendant and the exclusive exercise of custody of their children.
In the meantime, the mother and the four children found protection under the refugee status, while the father’s application was still pending at the time of the proceedings.
Decision & reasoning:
In terms of admissibility, the Court considered that the dispute is rightly brought before it in light of, inter alia, Article 28 of the Greek Constitution regarding the validity of international law in the Greek legal order, as well as Regulation 2201/2003 on jurisdiction, recognition and enforcement of judgments in matrimonial matters and parental responsibility (Article 3). Moreover, the domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country.
The court ruled that the strong shock of the spouses' intimate relationship, due to the husband’s continued abuse against the wife, had been fully demonstrated. Therefore, the reason for divorce was well-founded. Moreover, the Court argued that given the mother’s attitude towards the physical and mental wellbeing of her children has created a smooth family environment for them. Consequently, it would be in accordance with the best interest of the children to entrust the plaintiff with the exclusive exercise of their custody.
Outcome:
Application granted. Dissolution of the marriage and full custody of the children granted to the plaintiff.
Observations/comments:
This summary was completed by Danai Spentzou, Human Rights LLM student at Queen Mary University of London.
Relevant International and European Legislation:
Cited National Legislation:
Cited Cases:
| Cited Cases |
| Greee - Supreme Criminal Court (Areios Pagos) 793/2010 |