Case summaries

It is within the powers of the interim relief judge to order urgent measures to stop serious and illegal harm to fundamental rights of migrants in Calais.

Article 27 of the Dublin Regulation III allows for an applicant to appeal the incorrect allocation of responsibility for a claim.  

The lodging of an appeal against a transfer decision has no effect on the running of the period laid down in Article 13(1). In an appeal against a Dublin transfer which has suspensive effect the period listed in Articles 29(1) and (2) of the DR III does not start running until the final decision on that appeal.

A third-country national whose entry was tolerated by the authorities of one Member State faced with the arrival of an unusually large number of third-country nationals seeking transit through that Member State in order to lodge an application for international protection in another Member State, without fulfilling the entry conditions generally imposed in the first Member State, must be regarded as having ‘irregularly crossed’ the border of the first Member State within the meaning of that provision. Article 13(1) of the Dublin Regulation III therefore applies and Croatia is deemed to be responsible for the protection claims. 

A third-country national whose entry was tolerated by the authorities of one Member State faced with the arrival of an unusually large number of third-country nationals seeking transit through that Member State in order to lodge an application for international protection in another Member State, without fulfilling the entry conditions generally imposed in the first Member State, must be regarded as having ‘irregularly crossed’ the border of the first Member State within the meaning of that provision. Article 13(1) of the Dublin Regulation III therefore applies and Croatia is deemed to be responsible for the protection claims. 

An Eritrean national claimed refugee status in Switzerland as a result of having allegedly been beaten and tortured for his attempt to escape from military service. His attempt to rely on Article 3 of the Convention of Human Rights to avoid an expulsion order issued by the Swiss authorities was denied as a result of his failure to corroborate his story with factual evidence, inconsistencies in his account and the fact that risk of ill-treatment on his return to Eritrea could be mitigated. 

The Secretary of State had appealed the decision of the FTT (supported by the Upper tribunal) on several grounds of error in law. The Court upheld the tribunal on the issue of whether they had considered the gravity of the respondent’s offences  (section 72 of the 2002 Act); but found that the tribunals had indeed erred when considering the application of Article 1C(5) of the Refugee Convention, and on the applicability of Article 8 ECHR. They consequently remitted the case of MM’s deportation to the Upper Tribunal for re-examination in its entirety, based on these errors in the previous decisions. The statement of the referral left open for the respondent the possibility of an appeal on the basis of Article 3 ECHR. 

A man of Arab ethnicity and Sudanese nationality sought refuge in Sweden as an asylum seeker after alleged persecution in Sudan. He stressed his involvement in political activities whilst in exile and the risk to his life deportation would pose. He claimed asylum on the basis that refusal would be in violation of Articles 2 and 3 of the Convention which the ECtHR denied. 

Lack of prompt investigation of ill-treatment complaints may amount to a procedural violation of Article 3 ECHR. Detention conditions should follow certain standards and individuals should be kept in suitable establishments with enough allocated space.

The Migration Court of Appeal considered the applicant’s ability to obtain subsidiary protection status based on his need for protection as a Shia Hazara and a minor.
The Court denied the appeal by the Migration Agency and granted the defendant subsidiary protection status. 

The Syrian family's application for a Humanitarian Visa at the Belgian embassy in Lebanon fell outside the scope of the Visa Code, even if formally submitted on the basis of its Article 25(1)(a), because the purpose of the application (that is, to apply for asylum upon arrival to Belgium) differs from that of a short-term visa. 

It is not reasonably likely that a draft-evader would face criminal/administrative proceedings in Ukraine but there is a real risk that a person sentenced to imprisonment in Ukraine would be detained on arrival there and that detention conditions would breach Article 3 ECHR.