Case summaries

CJEU - C-4/11, Bundesrepublik Deutschland v Kaveh Puid

This ruling concerned the determination of the Member State responsible when the Member State primarily designated as responsible according to the criteria in the Dublin II Regulation has systemic deficiencies leading to substantial grounds for believing that the asylum seeker facing transfer there would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter. It does not in itself mean that the determining Member State is required to examine the asylum application under Article 3(2) but must further examine the criteria under Chapter III of the Regulation. 

Date of decision: 14-11-2013
France - Council of State, 13 November 2013, CIMADE, Mr. B, No 349735 and 349736
Country of applicant: Russia (Chechnya)

Interventions from third parties to proceedings initiated before the National Asylum Court may be admitted.

A person with refugee status in one European Union state who applies for refugee status in a second European Union state is presumed to have unfounded fears relating to lack of protection. However, that presumption may be rebutted by evidence to the contrary. 

Date of decision: 13-11-2013
CJEU - C-199/12, C-200/12 and C-201/12, Minister voor Immigratie en Asiel v X, Y and Z
Country of applicant: Senegal, Sierra Leone, Uganda

LGBTI asylum seekers (1) may be members of particular social group, (2) cannot be expected to conceal or restrain their expression of sexual orientation to reduce risk of persecution. (3) All criminalisation does not per se amount to persecution, but imprisonment actually applied does.

Date of decision: 07-11-2013
ECtHR- Horshill v. Greece, Application no. 70427/11, 1 November 2013
Country of applicant: Sudan

The case examined the allegations of a Sudanese national, detained for fifteen days in two police stations in Greece after applying for asylum, that his placement in detention was unlawful (Article 5 para 1) and his detention conditions were inhuman (Article 3).

Date of decision: 01-11-2013
Greece - Attica Regional Asylum Office, 24 October 2013, GT [2013] Application No. 95/000186182
Country of applicant: Syria

The Applicant's claims that he would be in danger in Syria because of the civil war there were accepted, because he was a Christian and is considered an enemy by both sides and because he left his country illegally and applied for international protection. The Applicant's fear of being killed as a non-combatant in the civil war was considered to be well-founded. It was considered that there was a reasonable chance that he would be arrested and mistreated since the Syrian state would perceive him to have political beliefs since he had lived abroad and would be considered to be opposed to the regime. Internal relocation of the Applicant was not possible because if the Applicant were to return to any region of Syria he would be at risk of suffering serious harm because of the indiscriminate violence and also because the actor of persecution was national/governmental. The Applicant was recognised as a refugee.

Date of decision: 24-10-2013
ECtHR - Housein v. Greece, Application No. 71825/11
Country of applicant: Afghanistan

The detention of an unaccompanied minor for two months, mostly in an adult detention centre, and without effective administrative review, violated the Applicant’s rights under Article 5(1) and Article 5(4). The Court rejected related complaints under Articles 3 and 9.

Date of decision: 24-10-2013
ECtHR - Budrevich v. the Czech Republic, Application No. 65303/10
Country of applicant: Belarus

The lack of close and rigorous scrutiny during the relevant period by the Czech authorities of the Applicant’s claim that expulsion would violate his rights under Article 3, including the ignoring of an important judgment blocking his extradition, constituted a violation of Article 13 in conjunction with Article 3.

Date of decision: 17-10-2013
UK - Upper Tribunal, MK v The Secretary of State for the Home Department, 10 October 2013, UKUT 00641 (IAC)
Country of applicant: Pakistan

A determination must disclose clearly the reasons for a tribunal's decision.  If a tribunal finds oral evidence to be implausible, incredible or unreliable or a document to be worth no weight whatsoever, it is necessary to say so in the determination and for such findings to be supported by reasons.  A bare statement that a witness was not believed or that a document was afforded no weight is unlikely to satisfy the requirement to give reasons.

Date of decision: 10-10-2013
ECtHR - K.K. v. France, Application No. 18913/11
Country of applicant: Iran

The Applicant’s alleged risk of persecution due to his former employment with the Iranian Intelligence Services was found by the Court to be sufficiently credible to give rise to a violation of Article 3 if the Applicant were forcibly returned to Iran. The French authorities’ use of the priority procedure did not however violate Article 13 in the Applicant’s case.

Date of decision: 10-10-2013
ECtHR - A.F. v. Greece, Application No. 53709/11
Country of applicant: Iran
Keywords: Detention

Detention conditions for asylum seekers in Greece tantamount to a violation of Article 3 ECHR, in particular due to overcrowding.

Date of decision: 07-10-2013