Case summaries
When assessing an asylum application, a judge shall consider as relevant both the applicant’s homosexuality as well as the fact that homosexuality is considered a crime in the country of origin of the applicant. Moreover, the judge shall base its reasoning not only on the assessment of credibility of the applicant, but also on the actual situation in the country of origin, which has to be verified through its own power of investigation.
In this judgement, the Court held that there was a violation of article 3 of the Convention concerning the detention conditions of the applicant at the premises of the executive subcommittee of the Thessaloniki foreign police. There was also a violation of article 5 para 1 (f) concerning the duration of his detention and para 4 with regards to the judicial review of his detention.
The Court found that there would be no violation of Article 3 in the event of return of the applicant, who suffered from chronic kidney failure and was in need of dialysis three times per week, to Kyrgyzstan.
A Turkish National, who has been granted political asylum by the Swiss Government, was detained in Greece. After a decision made by the Greek authorities, his extradition to Turkey was ordered. This decision was quashed by the Greek Supreme Court.
The applicant challenged by way of judicial review the decision of the Refugee Appeals Tribunal (hereinafter RAT) (adverse credibility findings) on the grounds that it failed to have reasonable regard to the documents submitted. The Court held that the Tribunal failed to provide reasons rejecting a medico-legal report and further held that the Tribunal’s analysis of documentary evidence supportive of ethnicity submitted was wrong in fact. The Court quashed the decision of the Tribunal.
The court found that the removal of a Somali applicant to Italy under the Dublin Regulation would not result in a violation of article 3of the Convention and would not entail any violation of the rights set in article 1, 2, 5, 6 and 13.
Where negative reports regarding the reception conditions and inhuman or degrading treatment in a first country of asylum indicate that an Applicant may not be safe in such a country, an Applicant’s request to remain in a Member State pending a decision on their right to remain must be given the benefit of doubt and outweigh the public’s interest in immediate enforcement of the ordered transfer.
An Applicant who has been convicted of a serious crime is excluded from the right to claim protection. A life sentence with an undeterminable term does not constitute a temporary obstruction to deportation and therefore an Applicant cannot claim obstruction as grounds for leave to remain. Further, a family connection which has been examined by a criminal court as part of a final judgment cannot be re-examined as part of an asylum application.
A Palestinian who leaves Syria due to the unstable security situation as a result of the Syrian conflict must be regarded as having been forced to leave UNRWA’s area of operations and may thus qualify as a refugee without being required to show fear of persecution.
The appellant sought to have the decision of the Secretary General of the Ministry of Public Order annulled, under which her previous application for her and her son to be recognised as refugees had been rejected. The Hellenic Council of State rejected the current appeal, due to the fact that the appellant had invoked financial reasons for leaving Syria and as such, had no legal basis to be recognised as a refugee.