Case summaries
The case concerns the extension of periods of detention while awaiting removal from Belgian territory with respect to an Iraqi citizen having served his sentence and having submitted a number of asylum applications in Belgium.
This case was an application for a certificate to appeal to the Supreme Court. The applicant unsuccessfully argued that she was denied an effective remedy within the meaning of Art 39 of the Procedures Directive in respect of her claim for asylum.
Beneficiaries of subsidiary protection and asylum seekers can marry even in the absence of official documentation stating there are no impediments to matrimony in situations where documentation provided shows that the conditions for marriage have been met (age and single status).
An acceptance by Poland to take back the applicants was invalid because the Austrian Federal Asylum Office failed to inform Poland of the fact that the applicants have the status of subsidiary protection in Austria. As long as the applicants have this status a Dublin procedure is impossible because they have a legal stay in Austria and cannot be expelled.
The judgment of the European Court of Human Rights (ECtHR) in R.C. v. Sweden (Application no. 41827/07) has a definitive impact on how protection needs are assessed and the scope of the duty of Swedish courts and authorities to investigate claims of torture.
The Applicant’s objective fear was not considered well-founded as persecution was not considered reasonably likely. It was held that there was a reasonable likelihood that, should he return, the Applicant would be forced to live as an internally displaced person in degrading conditions because he lacked the family network that would be required in order to reintegrate him into his homeland socially and financially. Exposure to extreme living conditions constitutes degrading treatment and deporting a person to a country where he would be subject to such conditions violates Article 3 of the ECHR. Subsidiary protection status was therefore granted.
The case concerned the administrative detention of a family for two weeks at the Rouen-Oissel centre in France pending their removal to Kazakhstan.
The Syrian Kurdish Applicant has been persecuted and tortured for his nationality and imputed political opinion.
In the opinion of the appellate court, one of the conditions required under Section 19(1)(i) of the Asylum Act for ruling that there is no need to adjudicate was not fulfilled. Despite the existence of a final decision dismissing the application as manifestly unfounded, it was not possible to agree with the opinion of the administrative authorities, as upheld by the Regional Court, that the facts had not changed substantially.