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France – Council of State, 19 November 2010, Mrs. E. v Minister for the Interior, No 344372
Country of applicant: Russia

The failure of an asylum applicant to appear with her children (systematically or repeatedly) when summoned in relation to a transfer order under the Dublin Regulation is considered as absconding and results in the extension of the transfer deadline to 18 months. In this case, the applicant never appeared with her children despite receiving several notifications and, according to the Council of State, she was aware that the presence of her children was crucial in order to proceed with her transfer.

Date of decision: 19-11-2010
ECtHR - Louled Massoud v. Malta, Application No. 24340/08
Country of applicant: Algeria

Unlawful detention of an Algerian citizen in Malta for more than 18 months.

Date of decision: 27-10-2010
ECtHR – Dbouba v. Turkey, Application No. 15916/09, 13 October 2010
Country of applicant: Tunisia
The applicant, a Tunisian national who has been recognised as a refugee by the UNHCR, faced deportation by Turkey to Tunisia, where he risks ill-treatment and the death penalty. He has not had access to an effective remedy with regards to this, nor has he been allowed to challenge the lawfulness of his detention. By virtue of the applicant’s proposed return to Tunisia the Court found a violation of Article 3 ECHR in conjunction with Article 13. The Court also found a violation of articles 5(1), 5(2), 5(4) and 5(5) ECHR.
 
Date of decision: 13-10-2010
ECtHR- D.B. v. Turkey, Application no. 33526/08, 13 October 2010
Country of applicant: Turkey

The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.

Date of decision: 13-10-2010
ECtHR- D.B. v. Turkey, Application no. 33526/08, 13 October 2010
Country of applicant: Iran

The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.

Date of decision: 13-10-2010
ECtHR - M.B. and others v Turkey, Application no. 36009/08, 15 September 2010
Country of applicant: Iran

The applicants, a family of four from Iran, were deported back to Iran from Turkey after having been granted refugee status by the UNHCR. The applicants challenged the lawfulness of their detention, claimed that they were not offered an effective remedy prior to their deportation and that they were at risk of persecution upon their return to Iran. 

Date of decision: 15-09-2010
France - Administrative Tribunal, 29 July 2010, Mr.A., No 1013868/9-1
Country of applicant: Afghanistan

The French authorities shall use the sovereignty clause in the Dublin Regulation, under the judge’s supervision, when the rules that determine responsibility of a member state for the asylum procedure may infringe on international and national rights guaranteed to refugees and applicants for asylum. In this case a transfer order to Hungary, where the applicant had on two occasions been detained in unsuitable conditions, was held to be an unlawful infringement of the applicant’s right to asylum.

Date of decision: 29-07-2010
ECtHR- A.A. v. Greece, Application no. 12186/08, 22 July 2010
Country of applicant: Palestinian Territory

The European Court of Human Rights held that there was a violation of Article 3 of the Convention with regards to the applicant’s living conditions in the detention centre of Samos and the authorities’ lack of diligence to provide him with the appropriate medical assistance. Furthermore, it found a violation of Article 5 para 1 and 4 regarding the lawfulness of his detention and his right to liberty.

Date of decision: 22-07-2010
ECtHR- R.C. v. Sweden, Application no. 41827/07, 9 June 2010
Country of applicant: Iran

The European Court of Human Rights held that the deportation of an Iranian national to Iran would give rise to a violation of Article 3 of the Convention.

Date of decision: 09-06-2010
ECtHR - Muskhadzhiyeva and Others v. Belgium, Application No. 41442/07
Country of applicant: Russia (Chechnya)

Detaining children in a closed centre designed for adults is unlawful and ill-suited to their extreme vulnerability, even though they were accompanied by their mother.

Date of decision: 19-01-2010