Case summaries

ECtHR - Poklikayew v. Poland, Application No. 1103/16, 22/06/2023
Country of applicant: Belarus

The case raises an issue under Article 1 of Protocol No. 7 to the Convention and concerns the expulsion of the applicant (a lawfully resident alien) on the grounds of national security. The applicant complained that the reasons for the revocation of his residence permit and for his expulsion had never been disclosed to him in detail. The Court ruled in favour of the applicant claiming that his right to be informed under Article 1 of Protocol No. 7 was violated.

Date of decision: 22-06-2023
Germany, CJEU, J.B. and Others v Bundesrepublik Deutschland, C 364/22, 25 May 2023.
Country of applicant: Lebanon

Rejection of the re-application of Lebanese nationals as inadmissible "subsequent applications" under Directive 2013/32/EU.

Date of decision: 25-05-2023
ECtHR - Alhowais v. Hungary, Application No. 59435/17, 02/02/2023
Country of applicant: Syria

The Court found Hungary in violation of procedural aspects of Articles 2 and 3 of the ECHR, as well as a substantive violation of Article 2 in relation to the death of the applicant’s brother during a border control operation. The Court rejected the substantive violation of Article 3 due to a lack of conclusive evidence from an effective investigation.

Date of decision: 02-02-2023
UN Committee against Torture - A.Y. v. Switzerland, CAT/C/74/D/887/2018, 30/01/2023
Country of applicant: Eritrea
Keywords: Torture, Real risk

The Committee found a violation of Article 3 of the Convention against Torture (non-refoulement), considering that the State party failed to address the individual circumstances and risk profile of the complainant, namely the fact that she was a woman of conscription age and a “failed asylum seeker”, when ascertaining whether her return to Eritrea would pose a risk of torture and inhuman and degrading treatment. Also, it observed that the State disregarded her asylum claim relying on the report’s findings, which did not meet the impartiality required as evidentiary proof.

Date of decision: 30-01-2023
CJEU - P.I. v Migracijos departamentas prie Lietuvos Respublikos vidaus reikalų ministerijos, Case C-280/21, 12/01/2023
Country of applicant: Unknown

The Court of Justice held that defending personal interests against illegally acting non-state actors due to state corruption can be regarded as ‘political opinion’ under Directive 2011/95 if perceived as opposition by the persecuting actors.

Date of decision: 12-01-2023
CJEU (Grand Chamber) - X v Staatssecretaris van Justitie en Veiligheid, Case C-69/21, 22/11/2022
Country of applicant: Russia

The Return Directive precludes the adoption of a return decision when the person concerned is suffering from a serious illness and there are substantial grounds to believe that their pain would significantly increase if returned, because effective treatment is not available there. Although the Directive does not require Member States to grant a right to residence to such third-country nationals, when implementing the Directive, the right to private and family life must be respected, which includes, among other elements, access to healthcare and medical treatment.

Date of decision: 22-11-2022
ECtHR - B.Ü. v. the Czech Republic, Application No. 9264/15, 06/10/2022
Country of applicant: Turkey

Complaint under Article 3 ECHR concerning the conditions of detention of a Turkish national in the Czech Bělá-Jezová detention centre declared inadmissible for non-exhaustion of domestic remedies. Failure to conduct an independent, thorough and victim-accessible investigation into allegations of police ill-treatment at Prague Airport amounts to a violation of the procedural aspect of Article 3 ECHR. Alleged ill-treatment by police officers does not amount to a violation of the substantive aspect of Article 3 ECHR, as the ECtHR cannot establish beyond reasonable doubt that the force used, including pepper spray, was excessive.

Date of decision: 06-10-2022
Spain - National Court. Chamber of Contentious-Administrative Proceedings n. 478/2022, 24 February 2022, Appeal n. 769/2020
Country of applicant: Ukraine

Account must be taken of the evolution of the circumstances in the country of origin, from the moment of the application for international protection, until the moment when the Court has to take a decision.

In this instance, relying on the change of circumstances that has taken place in Ukraine since the Applicants introduced the demand, the Court grants subsidiary protection status to a Ukrainian family. The current international conflict taking place in Ukraine exposes them to a risk of  serious harm.

Date of decision: 24-02-2022
ECtHR - Al Alo v. Slovakia, Application No. 32084/19, 10/02/2022
Country of applicant: Syria
Keywords: Standard of proof

The Court found that there was a breach of Article 6(1) and (3)(d) of the Convention. The Court clarified that for a waiver of one’s rights to be compatible with the Convention, it must be shown that the applicant could reasonably have foreseen the consequences of his conduct. They further asserted that while the acceptance of pre-trial statements as evidence for a conviction is not a breach of Articles 6 (1) and 3(d), the absence of good reason for their use results in a breach of the Articles 6(1) and 3(d).

Date of decision: 10-02-2022
United Kingdom - Court of Appeal (Civil Division), The Queen (on the application of D4) (Notice of Deprivation of Citizenship) v Secretary of State for the Home Department, Case No. CA-2021-000739, 26/01/2022
Country of applicant: Pakistan, United Kingdom

The application of the concept of ‘deemed notice’, used when the person's whereabouts or address are not known in a case on deprivation of citizenship, was found to be ultra vires since reasonable steps to reach the individual were not taken.

Date of decision: 26-01-2022