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ECtHR - A.R.E. v. Greece, Application No. 15783/21, 07/01/2025
Country of applicant: Turkey

Regarding the return of a Turkish applicant from Greece to Türkiye, her account constituted a prima facie case of refoulement, shifting the burden of proof to the Greek Government after evidentiary standards from secret detention cases were applied. The return of the applicant without any individual assessment or access to remedies, despite her asylum request and risk of ill-treatment due to alleged links to opposition movements in Türkiye, amounts to a violation of Articles 3 and 13 ECHR.

The applicant’s unregistered detention at a border guard station, without legal basis, information on the reasons for her arrest, or access to judicial review, as part of a broader Greek pattern of unlawful returns, amounts to a violation of Article 5(1), (2) and (4) ECHR. Although the applicant failed to prove a real risk to life or inhuman or degrading treatment during her removal process – where she travelled by an inflatable boat with other migrants –, the absence of an effective remedy to challenge such risks amounts to a violation of Article 13 ECHR.

Date of decision: 07-01-2025
ECtHR - S.E. v. Serbia, Application No. 61365/16, 11/07/2023
Country of applicant: Syria

Serbia, by refusing to issue the refugee applicant a travel document due to the absence of appropriate regulations, breached Article 2 § 2 of Protocol No. 4 of the ECHR

Date of decision: 11-07-2023
Federal Administrative Tribunal (Court V), A. v. SEM, 28th October 2020, E-3822/2019
Country of applicant: Eritrea

The State Secretariat of Migration (SSM) is obliged to assess the proportionality of a cessation measure in a case of a granted temporary residence in Switzerland. It was concluded that the cessation of temporary residence is not proportionate, when the applicant showed considerable efforts to integrate in the host community such as learning languages and practicing several internships to obtain a job in that country. His return would hamper all those integration efforts.

Date of decision: 28-10-2020
Austria – Constitutional Court – 26 June 2020, E 810/2020 ua
Country of applicant: Afghanistan

Courts must establish the current situation of the region from which the complainant originates and relate it to the individual situation of the complainant in the grounds of the decision.

In the case of an Afghan family, the lower instance court did not sufficiently consider the security situation in the complainants’ country of origin, in particular with regard to the situation for minors. Thereby the court violated the right to equal treatment among foreigners.

Date of decision: 26-06-2020
Austria – Administrative Court - 24 June 2020, Ra 2020/20/0195
Country of applicant: Afghanistan

A court may dismiss the appeal without further proceedings in a non-public session, if the appeal does not depend on the solution of a legal question that is of fundamental significance.

In the case of an Afghan, the appeal does not depend on the solution of a fundamental question, if the lower instance has sufficiently examined the situation in the appellant’s country of origin. This is the case, if the court sufficiently considered possible internal flight alternatives by air.

 

Date of decision: 24-06-2020
Council of Alien Law Litigation, 7th April 2020, X v. General Commissioner for Refugees and Stateless persons, No 234.935
Country of applicant: Guinea

When national administrations assess a request for international protection, they must take more precautions when investigating the credibility of facts from the applicant’s story in case of post-traumatic stress and female genital mutilation.

The authorities must comply with their duties to cooperate with the applicant in establishing the relevant facts of the case by being cautious and meticulous before concluding that certain contradictions and inaccuracies exist.

Date of decision: 07-04-2020
France - Judiciary Tribunal of Perpignan, 18th March 2020, No RG20/00356
Country of applicant: Tunisia

Due to the COVID-19 health crisis, and especially the cancellation of flights to the applicant’s country of origin, the continuation of immigration detention is no longer required because an effective return cannot be considered anymore as a reasonable perspective.  

Date of decision: 18-03-2020
(France) Judiciary Tribunal of Perpignan, 18th March 2020, No RG20/00356
Country of applicant: Tunisia

Due to the COVID-19 health crisis, and especially the cancellation of flights to the applicant’s country of origin, the continuation of immigration detention is no longer required because an effective return cannot be considered anymore as a reasonable prospect.  

Date of decision: 10-03-2020
Switzerland - Federal Administrative Court, Case No. E-6310/2017, 15/01/2020
Country of applicant: Somalia

The case examines whether the rejection of the complainant’s application for asylum is lawful and if he may be deported. He can only be deported if he does not face inhuman or degrading treatment in his country of origin. In addition, his social networks and the possibility of a basis for subsistence are relevant.

Somalia is classified as a country which in general is safe. An impermissible expulsion depends on the applicant’s personal circumstances, persecution and risk of harm in his country of origin.

Date of decision: 15-01-2020
European Court of Human Rights, A.A. v. Switzerland, 5 November 2019, n°32218/17
Country of applicant: Afghanistan

When a national authority assesses the likely persecution of an applicant for religious purposes in case of return to his/her country of origin, the national authority must evaluate, inter allia, the way the applicant will live his/her faith in his/her country of origin. The Court found that because the applicant is of Hazara ethnic origin and he converted to Christianism in Switzerland, he might face persecution in violation of art. 3 ECHR in case of return to Afghanistan. The TAF did not assess with enough seriousness the consequences of the applicant conversion ex nunc.

Date of decision: 05-11-2019