Case summaries
The ECtHR held that the detention for almost six months of a Russian national and her three children in a detention centre in Poland amounted to a violation of Article 8, as even in the light of the risk that the family might abscond, the authorities failed to provide sufficient reasons to justify the detention for such a length of time.
The ECtHR ruled that the detention of an Egyptian national upon arrival in Belgium was lawful as there had been no violation of Article 5(1) of ECHR and the refusal of refugee status was justified.
The exhaustion of domestic remedies is a prerequisite for the admissibility of applications lodged with the ECtHR under Article 35 ECHR. Removal of individuals suffering from severe medical problems may not be considered inhumane in the meaning of Article 3 ECHR, when suitable treatment exists in the country of origin.
The judicial examination of whether subsidiary protection shall be approved requires a thorough assessment of the individual case. This applies in particular for especially vulnerable persons.
In assessing the credibility of a sexual orientation-related claim, personal circumstances have to be taken into account. That a person is not able to elaborate on his awareness and acceptance of his sexual orientation, is not sufficient to conclude that the applicant’s story lacks credibility, when the personal circumstances that explain this inability are considered credible.
In assessing the credibility of a sexual orientation-related claim, personal circumstances have to be taken into account. That a person is not able to elaborate on his awareness and acceptance of his sexual orientation, is not sufficient to conclude that the applicant’s story lacks credibility, when the personal circumstances that explain this inability are considered credible.
The Council of State grants the appeal lodged by the Minister of the Interior, who asked for the annulment of the order issued by the administrative tribunal’s relief judge. The latter had suspended not only the execution of the decision refusing to register M. A…’s asylum application, but also the execution regarding his transfer, by ruling ultra petita. After qualifying M. A…’s non-attendance to the repeated notifications sent for the purpose of his transfer as being intentional and systematic, the Council of State concludes in this case that no violation was found against M. A…’s fundamental liberty of the right to asylum.
The Court found that due to the inexistence of the connection requirement between the applicant and the State of Ecuador, the latter cannot be considered a “safe third country” in light of Article 2 n.º1 point r) item i) of the Law 27/2008. Nonetheless, the international protection request should be rejected on the basis that Egypt is considered to be the first country of asylum, excluding the possibility of granting international protection under Article 19º-A n. º1 points c) and d) of the Law 26/14.
The possibility to lodge an asylum application in practice is a prerequisite for the effective protection of those in need of international protection. If access to the asylum procedure is not guaranteed by the national authorities, asylum applicants cannot benefit from the guarantees afforded to those under the asylum procedure, leaving them subject to detention at any time. The length of time in which it took for the applicant to lodge his asylum application violated his rights under Article 13 read in conjunction with Article 3 ECHR.
An internal armed conflict, characterised by armed clashes, prevails throughout the whole territory of Afghanistan. The situation in the Kabul region and the city itself constitutes indiscriminate violence resulting from this internal armed conflict.
Transferring a family to Finland under the Dublin Regulation where their asylum application and subsequent appeals have been rejected is unlawful on account of the humanitarian and security situation in Afghanistan.