Case summaries
The lack of close and rigorous scrutiny during the relevant period by the Czech authorities of the Applicant’s claim that expulsion would violate his rights under Article 3, including the ignoring of an important judgment blocking his extradition, constituted a violation of Article 13 in conjunction with Article 3.
The grounds for extending a deadline for departure can exist either within the country or abroad or grounds which otherwise hinder a departure within the deadline. In addition, problems which typically affect former asylum seekers, namely long absence from the country of origin and circumstances such as disappearance of their social network following an absence of many years, are to be considered as special circumstances which make it necessary to extend the deadline for departure.
Although voluntary departure is an absolute requirement for the extension of the deadline for departure, the intention to submit an application for leave to remain does not in itself represent an obstacle. Rather, a judgment is required in each individual case.
Domestic protection is deemed to exist even if it is not determined in advance how effective it is.
This case concerned reliance upon demeanour in refusing a refugee application. Then Court found that an asylum decision maker must be careful not to misplace reliance upon demeanour and risk construing as deliberate lack of candour from a demeanour which may be the result of nervousness, of the stress of the occasion and even of the embarrassment of being an asylum seeker.
Expulsion by France of two nationals of Belarus whose asylum claims had been rejected would amount to a violation of Article 3.
The case concerned the inadmissibility of an application for international protection considering the Dublin II criteria and the validity of a visa.
The case concerns the extent to which decision-makers should take into account a change of circumstances or situation in the country of origin.
Membership of a political party is not required to establish persecution for reasons of political opinion.