Case summaries
Where the transfer does not take place within the six months’ time limit, the Member State responsible shall be relieved of its obligations to take charge or to take back the person concerned and responsibility shall then be transferred to the requesting Member State Art. 29 (2) of the Dublin III Regulation.
ECtHR majority rules that the temporary return of a homosexual man from Sweden to Libya would not violate Article 3 as short term concealment of sexual orientation would be tolerable in order to reduce risk of persecution.
“The applicant bears the burden of the argument against the administrative authority, hereinafter referred to as the burden of proof. It is not, however, the duty of the asylum applicant to demonstrate his persecution by means other than his own credible testimony.”
“Where the testimony of an applicant for international protection submitted during proceedings can be identified as consistent and in accordance with the information available on the country of origin, in spite of minor inconsistencies, then such testimony must be relied on.”
When medico-legal evidence of torture is provided by specialists and found credible it is incumbent on the Migration Board to put forward evidence that there is no further risk of torture in the relevant country.
The European Court of Human Rights found that there had been a violation of Article 5(1) ECHR through the unlawful detention of two Libyan nationals by the Polish authorities after the expiration of an expulsion order due to be executed within 90 days.