Case summaries

In order to examine prohibitions of deportation, the Federal Office for Migration and Refugees (BAMF) has to consider the case of each family member even in cases of family associations separately whether deportation prohibitions exist. In this case, the risk assessment must be based on the assumption that a nuclear family living together in the Federal Republic of Germany will return to its country of origin as a family unit. This also applies if individual family members have already been granted a protection status or if national deportation prohibitions have been established.

Detention within the context of immigration must be lawful, not arbitrary and carried out in good faith. In this sense, the depriavation of liberty without a realistic prospect of removal is against the prevision of Article 5 § 1 of the Convention.

It is necessary to make a proportionality assessment with consideration of both the gravity of the crime committed by the applicant and the interests of society, and the applicant’s individual rights, particularly his right to private and family life under Article 8.

The Federal Administrative Court failed to fully assess the impact that the measure of removal would have on the applicant. The evolution of the applicant's conduct since the occurrence of the crime, the applicant’s deteriorating medical condition, and his social, cultural and family ties in the host country were not sufficiently examined in the decision. The failure to assess the proportionality of the removal order and amounted to a violation of Article 8 of the Convention.

Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law. 

Detention in police stations, places that by their very nature are designed to accommodate people for very short durations, may amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.

Detention of a person with a view to deportation is contrary to Art. 5 § 1 (f) if unlawful under the Convention or domestic law. 

The CJEU clarified that the Schengen Border Code must be interpreted as not allowing Member States to equate an external border with an internal border at which controls have been reintroduced. So, the Return Directive’s exceptions for third-country national who crossed external borders do not apply to someone in the applicant’s position.

The Judge of the liberty and detention of the Lyon Court of Appeal released the applicant based on the unavailability of the necessary medical care needed in his country of return.

The Spanish authorities failed to properly consider all the relevant criteria, before initiating proceedings to expel two Moroccan nationals, who were awaiting their long-term residence permits, due to their criminal convictions. The proportionality of the measure was not adequately assessed and the applicants’ social and cultural ties with both Spain and Morocco were not taken into account.

The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR. 

The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.