Case summaries

The failure of Fedasil to accommodate an asylum seeking child led to a risk of violating his Article 3 rights. There was a prima facie case that he had lodged an application for asylum and was, thus, entitled to material reception conditions. 

The question remains open and needs to be clarified in legal proceedings, whether there are systemic flaws in the Bulgarian asylum procedure and conditions of admission, such as pose a risk of infringement of Article 4 Charter of Fundamental Rights of the European Union (CFR) (cf. Article 3(2) Regulation No. 604/2013(Dublin III)) – in particular in the case of a return under the Dublin system.

The ECtHR recognised a breach of Article 3 ECHR in respect of the conditions at a Greek detention centre, and a breach of Article 3 in conjunction with Article 13 in respect of failures by the Greek authorities in the processing of the Applicant’s claim. However, his rights under Article 5 had not been breached because the detention was prescribed by law and served a legitimate purpose.

The Applicants asked the Administrative Tribunal of Lille (the “Tribunal”) to order the relevant authorities to take urgent interim relief measures to guarantee the fundamental freedoms of the population of the Calais camp.

The Administrative Judge  acceded to several of the applicants’ demands (identification of vulnerable minors, hygiene, cleanliness, emergency vehicle access) and held that the situation in the Calais camp constituted a grave and blatantly illegal breach of the right of the persons residing there not to be subjected to degrading and inhuman treatment.

There is a real risk that, due to overcrowded accommodation, Hungary can no longer receive returning Dublin claimants. Because of inadequate shelter, the claimant and her two minor children may be subjected to accommodation conditions which contravene Article 3 of the European Convention on Human Rights. Before the return of a vulnerable Dublin claimant occurs, Hungary must first be asked to provide guarantees of adequate shelter. 

An Applicant’s interest in remaining in a Member State pending a final decision on his asylum status prevails over the public’s interest in immediate enforcement of an ordered transfer if the appropriate asylum procedure of an Applicant in the country to which the Applicant would be deported cannot be ensured (Hungary). 

An Applicant’s interest in remaining in a Member State prevails over the public’s interest in deporting the Applicant to the Member State in which the Applicant first sought asylum if there is a predominant degree of likelihood that the Applicant will be subject to inhuman or degrading treatment in the other Member State (e.g. because of significant capacity problems and a change to its asylum law).

The Austrian asylum authorities have to consider accurately and comprehensively the changes in the legal situation and the development of the actual situation of asylum seekers in Hungary when deciding on a Dublin transfer to this country.

The court overturned a decision to transfer the Applicant to his first country of asylum, Italy, on the grounds that the Prefect failed to demonstrate that Italy would have given the Applicant the relevant assurances as to appropriate reception conditions.

The court took into account the personal circumstances of the Applicant. The Tribunal found that the Prefect’s arguments were not adapted to the circumstances of the Applicant and were too general to demonstrate that transferring the Applicant to the Italian authorities would not have a substantial impact on the Applicant’s fundamental rights and the right of asylum in accordance with Article 3 of Regulation (EU) no. 604/2013 known as “Dublin III” (the “Dublin III Regulation”)  Dublin III Regulation.

A lack of attention paid to the vulnerability of the applicants as asylum seekers and children and their subsequent exposure to conditions of extreme poverty outside the State reception system has led to a violation of Article 3 of the Convention.

The procedure of requesting the suspensive effect of a decision rejecting an asylum application and ordering the transfer of an applicant to another Member State does not amount to an effective remedy under the Convention.