Case summaries
The detention of children is, in principle, permitted under Article 5 ECHR for the shortest amount of time, in appropriate conditions and facilities, and only after the Government has correctly concluded that less coercive measures are unavailable.
The complaint of the applicants under Article 3 are manifestly unfounded.
Article 21(2) of the directive precludes Member States from issuing a measure of refoulement or expulsion against the persons covered by one of the scenarios described in Article 14(4) and (5) of Directive 2011/95 if this would expose the concerned persons to the risk of their fundamental rights as enshrined in Article 4 and Article 19(2) of the Charter of fundamental rights of the EU.
Following the appeal of the Children’s Rights Ombudsman, the Supreme Administrative Court set aside the order of the Regional Administrative Court, in relation to a challenge to the decision of the Polish Refugee Board, and set aside the aforementioned decision to refuse tolerated stay, dismissing the appeal in all other respects.
The court justified its decision with reference to the procedural errors of the Polish Refugee Board, which included failing to gather evidence in an appropriate manner and inappropriately establishing the facts relating to the Applicant’s children.
A renewed application for asylum in a second country is admissible if the nature of international protection applied for differs from the protection already granted. Deportation to the country of the first application or the country of origin is not to be taken into account in this situation.
The case concerns a removal from the United Kingdom to Sweden under the Dublin II Regulation. In the present case the court considered compatibility of Schedule 3 paragraph 3(2) of the Asylum and Immigration Act with the EU Charter of Fundamental Rights and whether the presumption that Sweden would comply with its international legal obligations was rebutted.
The administrative authorities ensured an adequate standard of proceedings and had correctly established the facts in a case of an applicant who had only brought up the argument that she was a victim of domestic violence at the court stage.
The Court does not accept the allegations that the applicant was deprived of her right to court because she and her children were deported before the deadline for the complaint to the court. The complaint was eventually lodged within the deadline which means she could benefit from the real possibility of applying this measure so her right to court was not infringed. Therefore the Court sees no need to request the Constitutional Tribunal to take a stand on this issue.
The European Court of Human Rights (ECtHR) has held that the proposed return of a Chechen couple to the Russian Federation would constitute inhumane treatment. The couples right to an effective remedy to complain of the real risk of inhumane treatment had, however, not been violated.
Extradition from Belgium to Russia will not violate Article 3 of the Convention provided the applicant will be detained in a Convention-compliant institution in Russia and sufficient diplomatic assurances are provided by the Russian authorities.
Interventions from third parties to proceedings initiated before the National Asylum Court may be admitted.
A person with refugee status in one European Union state who applies for refugee status in a second European Union state is presumed to have unfounded fears relating to lack of protection. However, that presumption may be rebutted by evidence to the contrary.