Case summaries

The Judge of liberty and detention of the Toulouse Appeal Court considered that an extension of the applicant’s administrative detention could mean subjecting her to imminent forcible return to her country of origin, which was not compatible with articles 3 and 13 ECHR since a non-suspensive appeal against a decision rejecting the applicant’s asylum application was still pending and with sufficient grounds.

As a result, the Judge held that there was no reason to extend the duration of the applicant’s administrative detention.

The Judge of liberty and detention of the Toulouse Appeal Court considered that an extension of the applicant’s administrative detention would mean subjecting her to imminent forcible return to her country of origin, which was not compatible with articles 3 and 13 ECHR since an appeal against a decision rejecting the applicant’s asylum application was still pending and with sufficient grounds.

As a result, the Judge held that there was no reason to extend the duration of the applicant’s administrative detention.

The applicant was detained in the airport of Turkey when entering the country due to the fact he previously stayed in the country with an irregular immigration status.

During his detention he was subjected to overcrowding, unhygienic conditions and lack of proper food and medical attention, a situation could amount to inhuman or degrading treatment.

The applicant, who committed crimes while being in Kyrgyzstan, is imprisoned in Russia and is at risk of being returned to his home country in spite of the fact that he could be subjected to torture or inhuman and degrading treatment.

The Spanish Supreme Court’s Administrative Chamber decides on the appeal of the applicant, whose application for international protection has been rejected. The Court solves the case reasoning that the situation in the country of origin has  improved from the moment the applicant lodged the application, and in addition, no sufficient proof of the said persecution was presented.

The Court of Appeal concluded that to send a refugee who has a residence permit in Italy and an asylum seeker back to the country would not violate Article 3 ECHR.

The court further constrained the decision in Tarakhel to families with minor children. 

A general circular letter send by Italian authorities is not a sufficient individual guarantee regarding a Dublin Transfer of a man suffering from various serious diseases.

In order to protect the security of state and public order, it is justifiable to limit freedoms and rights, including the right to court. The right to court covers the possibility to access case files by the party of the proceedings as well as the possibility to get to know the motives of the decision and formulate allegations against them. When there is a need to protect the security of state and public order, the rights of the party of the proceedings are limited. The party cannot get to know the motives of the decisions and has to rely on the fair judgement of the authority.

The courts as well as the administrative authorities got to know the motives of the decision and had a possibility to verify them in the context of the legal conditions in return proceedings. Their assessment is binding and sufficient. Assessment of the authorities is subject to control of legality in administrative court proceedings, so it cannot be stated that the actions of the authority are out of control.

The Supreme Administrative Court rules that Article 12(1)2 of the Return Directive which allows for non-disclosure of certain facts of the return decision for the reasons of national security is a specific law applicable in return cases and to that extent it excludes the general safeguards envisaged in Article 47 of the Charter.

An order renewing detention for the purpose of removal must be given in writing and provide reasons for prolonging detention, notwithstanding whether the maximum time limit under the Return Directive has been reached or not at the time of the decision.

Non-collaboration on the part of a person detained for the purpose of return may not be used as a basis for indefinite detention. In such a case, prolonged detention without a reasonable prospect of return is arbitrary in light of Article 5(1)(f) ECHR.