Case summaries

The case concerns the potential removal of a Syrian national of Armenian origin and Christian denomination from Greece to Türkiye under the EU-Türkiye Statement of 18 March 2026, following the rejection of his asylum claim on safe third country grounds. The Court struck out the Article 3 complaint concerning the risk of ill-treatment upon removal due to the cessation of risk. It found no violation of Article 13 in conjunction with Article 3 having regard to the multi-layered examination of the asylum claim and the reliance on the EU–Türkiye framework, assurances and supporting material, and held that the conditions of the applicant’s detention in a Greek police station amounted to a violation of Article 3 ECHR.

The case concerns seven Venezuelan nationals who arrived in Curaçao in April 2019 and were placed in immigration detention following refusal of entry and removal orders. The Court found a violation of Article 3 ECHR in relation to the use of force during their detention, the absence of an effective and independent investigation and the lack of justification for the use of rubber bullets against applicants in custody. It further found a violation of Article 5 § 4 ECHR, due to the lack of access to a speedy judicial review of the lawfulness of their detention, particularly due to the lack of accessible remedies, language barriers, and absence of effective legal assistance. 

The Committee found that there were serious risks concerning the applicant’s situation that justify a more thorough examination than the simple summary assessment by the Federal Administrative Court. The absence of an effective, independent and impartial review of the decision constitutes a breach of the procedural obligations under Article 3 of the Convention.

The case raises an issue under Article 1 of Protocol No. 7 to the Convention and concerns the expulsion of the applicant (a lawfully resident alien) on the grounds of national security. The applicant complained that the reasons for the revocation of his residence permit and for his expulsion had never been disclosed to him in detail. The Court ruled in favour of the applicant claiming that his right to be informed under Article 1 of Protocol No. 7 was violated.

The Court found that there was a violation of Article 2 of the ECHR as State authorities used unreliable evidence to conclude their investigation into the death of an applicant. Moreover, the Court concluded that the State authorities violated Article 5 ECHR by failing to conduct an effective investigation into whether there was an alternative to detaining the applicants. As such, the detention of the children in a detention centre was further found to have violated Article 3, especially given the severity of the circumstances of the case and the period of their detention. The Court also concluded that the applicants had been subject to “expulsion” within the meaning of Article 4 of Protocol No. 4, since they were forcibly returned by the Croatian police outside official border crossings and without prior notification to the authorities of the country to which they were being returned.

The Court decides that the Bosnian administrative authorities unlawfully disregarded the legal provisions pursuant to which the applicant was entitled to other, similar benefits, despite the fact that she specifically invoked those provisions in her appeal. The Sarajevo Cantonal Court thus did not give the applicant’s case a fair hearing. Moreover, the applicant’s case was not remedied by the Constitutional Court.

The Court decides that the proceedings were excessive and failed to meet the ‘reasonable time’ requirement; the Bosnian Government did not put forward any fact or argument capable of justifying the length of the proceedings.

Article 27(1) of Dublin III Regulation read in the light of recital 19 thereof, and Article 47 of the Charter preclude national legislation that bars domestic courts from assessing an application for annulment of a Dublin transfer decision by considering circumstances that emerged after the transfer decision was adopted and which are decisive for the correct application of the regulation. However, such circumstances may not be considered if that legislation foresees a specific remedy with ex nunc review that can be exercised after the emergence of the new circumstances is not conditional on the person’s deprivation of liberty or on the imminent implementation of that decision.

The Supreme Court of Ireland handed down a judgment concerning the question whether the Minister for Justice and Equality is obliged to revoke a deportation order or otherwise facilitate a person to enter the State, when that person has been granted consent to make a subsequent application for international protection under section 22 of the International Protection Act 2015, which requires the person's presence in the State to make the application. It was held that there is no express right to enter the State for the purposes of making an application, save where the person is at its frontiers.

The situation in which an appeal by a foreigner against a detention decision is declared ‘without object’, solely on the ground that a new detention order has been issued, does not offer the guarantees of effectiveness and promptness required by article 5 §4 of the Convention. 

The CJEU ruled that Articles 14 and 34 of the Recast Qualifications Directive must be interpreted as precluding national legislation which provides that a failure to comply with the obligation to give a personal interview to an international protection’s applicant, before a decision is adopted, would lead to that application to be inadmissible.

The CJEU further concluded that it could only be allowed if the legislation gives the opportunity to the international protection’s applicant, in the appeal procedure, to set out in person all of his or her arguments against the decision in a hearing which complies with the applicable conditions and fundamental guarantees, under Article 15 of that Directive. The last condition would be, according to the ruling of the CJEU, that those arguments are not capable of altering that decision.