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Netherlands – Court of The Hague, 19 October 2020, NL20.15181, NL20.15183, NL20.15188 and NL20.15194
Country of applicant: Syria

The reception conditions for beneficiaries of international protection in Bulgaria are such that they may face severe material deprivation due to “indifference” on the part of the authorities (cfr. CJEU, Ibrahim), potentially amounting to a violation of Article 3 ECHR / Article 4 CFREU.

When the State Secretary decides that a request for international protection is not admissible, because the applicants have refugee status in Bulgaria, it is not sufficient for him to refer to the principle of mutual trust between EU Member States and to the Council of State’s jurisprudence, but he is obliged to examine the applicant’ s individual circumstances and to obtain specific information and guarantees from the Bulgarian authorities.

Date of decision: 19-10-2020
ECtHR – M.A. and Others v. Bulgaria, Application no. 5115/18, 20 February 2020
Country of applicant: China

The fact that many Uighurs who have returned to China have been detained in “re-education camps”, or have otherwise faced the risk of imprisonment and ill-treatment, combined with the applicants’ individual circumstances, establishes substantial grounds to believe that the applicants would be at real risk of arbitrary detention, and inhuman treatment, or even death, if they were removed to their country of origin.

If implemented, the applicants’ removal to China would be in breach of Articles 2 and 3 of the ECHR.

Date of decision: 20-02-2020
Baden-Württemberg – Higher Administrative Court, 29.11.2019, A 11 S 2374/19, A 11 S 2375/19
Country of applicant: Afghanistan

The ECJ has to decide on the assessment of the existence of a serious individual threat by reason of mere presence in a certain area. It has to decide whether there is a minimal threshold of civilian fatalities that excludes such risk or if a holistic approach taking into account all circumstances special to the case has to be followed to assess the existence of such threat.

Date of decision: 29-11-2019
Luxemburg - Administrative Tribunal, A. and B (Iraq) v. Ministry for Migration and Asylum, N° 43536, 6 November 2019
Country of applicant: Iraq

An authority examining an application for international protection by an individual already holding protection status in another Member Statemust check whether the protection of fundamental rights is systematically guaranteed by the country already providing international protection. This especially concerns applicants who are entirely dependent on public aid, and, in particular, on the public health system of the country providing them protection. 

Date of decision: 06-11-2019
Switzerland: Federal Administrative Court (BVG), 12.06.2019, BVGE 3078/2019
Country of applicant: Syria

The State Secretariat for Migration (SEM) must carry out an individualised examination to determine whether there are substantial grounds for believing that the asylum procedure of the Member State where the applicant shall be transferred to has systemic weaknesses that would entail a risk of inhuman treatment or chain deportation.

Date of decision: 12-06-2019
Italy - Tribunal of Trapani - Office of the Judge for Preliminary Investigations (Piero Grillo)
Country of applicant: Ghana, Sudan

The Court recognised self-defence in a case where migrants were charged with assault against a police officer following their rescue at sea and their impending return to Libya. Their well-founded fear of return to Libya provided the basis for their defence of duress. 

Date of decision: 23-05-2019
CJEU – Joined Cases C-391/16, C-77/17 and C-78/17, M (Révocation du statut de réfugié)
Country of applicant: Congo (DRC), Ivory Coast, Russia, Russia (Chechnya)
The provisions of Article 14(4) to (6) of Directive 2011/95 cannot be interpreted as meaning that the effect of the revocation or the refusal of the refugee status is that the person concerned, who satisfies the material conditions set forth in Article 1A of the Geneva Convention, is excluded from international protection. Member States, when implementing Article 14(4) and (5) of the directive, are required to grant refugees who are present in their respective territories only the rights expressly referred to in Article 14(6) of that directive and the rights set out in the Geneva Convention that are guaranteed for any refugee who is present in the territory of a Contracting State and do not require a lawful stay.

Article 21(2) of the directive precludes Member States from issuing a measure of refoulement or expulsion against the persons covered by one of the scenarios described in Article 14(4) and (5) of Directive 2011/95 if this would expose the concerned persons to the risk of their fundamental rights as enshrined in Article 4 and Article 19(2) of the Charter of fundamental rights of the EU.

Date of decision: 14-05-2019
ECtHR - M.A. and Others v. Lithuania (no. 59793/17), 11 December 2018
Country of applicant: Russia

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. 

Date of decision: 11-12-2018
ECtHR - X v. The Netherlands, Application no. 14319/17, 10 July 2018
Country of applicant: Morocco

Article 3 has not been violated in a case concerning the deportation of an individual who had been convicted of a terrorism-related charge to Morocco. However the ECtHR acknowledges that ill-treatment and torture by the police and the security forces still occur, particularly in the case of persons suspected of terrorism or of endangering State security.

Date of decision: 10-07-2018