Case summaries

Netherlands – Court of The Hague, 18 July 2016, NL16.1221

 The transfer of “extra vulnerable” asylum seekers from the Netherlands to Italy is contrary to article 3 ECHR.

Date of decision: 18-07-2016
Ireland - N.M (DRC) -v- The Minister for Justice, Equality and Law Reform [2016] IECA 217
Country of applicant: Congo (DRC)

This case examines whether, for a subsequent application, internal review followed by Judicial Review is an effective remedy, as provided by Article 39 of the Council Directive 2005/85/EC (“the Asylum Procedures Directive”).

Date of decision: 14-07-2016
Germany – Administrative Court Magdeburg, 13 July 2016, 9 A 594/15 MD
Country of applicant: Syria
The Dublin-III-Regulation is no longer applicable to a person that has already been recognised as a beneficiary of international protection in a Member State where he has lodged a (first) application for international protection. 
 
A foreign recognition decision has certain legal effects in Germany, i.e. it provides for the same protection against deportation as a decision taken by the German authorities. 
 
However, a beneficiary of international protection has no claim to be repeatedly granted refugee or subsidiary protection status or even to a corresponding right of residence. Thus, a new application for asylum of such a beneficiary can be rightfully denied as inadmissible. 
 
Nonetheless, a deportation order resulting from an asylum application found to be inadmissible is unlawful where there are obstacles to the deportation according to § 60 (5) AufenthG (Residence Act). Such an obstacle can arise where the deportation would put the applicant at risk of an inhuman or degrading treatment within the meaning of Art. 3 of the ECHR.
In light of the deplorable state of the general living conditions in Greece as well as of those of beneficiaries of international protection in particular, the conclusion is justified that a deportation of a recognised beneficiary of international protection to Greece would amount to a violation of Art. 3 of the ECHR. 
 
Date of decision: 13-07-2016
ECtHR – R.V. v France, Application No. 78514/14, 7 July 2016
Country of applicant: Russia

The applicant appealed against a deportation order on account of the high risk that he faced of being subject to treatment contrary to Article 3 ECHR in the case of return to Russia.

Date of decision: 07-07-2016
Italy - Council of State, 7 July 2016, No. RG 196/2016
Country of applicant: Unknown

It is unlawful to transfer an asylum applicant under the Dublin Regulation to a country, in this case Bulgaria, where the reception conditions conflict with Article 4 of the EU Charter of Fundamental Rights.

Date of decision: 07-07-2016
France - Administrative Court of Strasbourg, M. D / French Ministry of Interior, n° 1603764, 6 July 2016
Country of applicant: Iran

An asylum seeker who was interviewed by telephone during his detention in the waiting zone by an officer of the French Office for the Protection of Refugees and Stateless Persons (OFPRA) in premises which were not subject to OFPRA’s director general’s prior approval has not benefited from the appropriate procedural guarantees attached to the examination of his application.

Consequently, the Ministry of Interior’s order rejecting Mr D’s request to enter the French territory, which was taken in light of an OFPRA opinion given in such circumstances, must be annulled.

Date of decision: 06-07-2016
Poland - Ruling of the Supreme Administrative Court from 6 July 2016 II OSK 1662/15 dismissing the cassation complaint against a decision on discontinuing the asylum procedure
Country of applicant: Russia

Arranging for medical or psychological examination is required, for example, when the third country national indicates that they were subject to violence, which left physical or mental signs which can be confirmed by medical or psychological examination. Not all invoked health problems will require an exam. Moreover, in subsequent proceedings this obligation is limited. The authority has no basis to arrange for such an examination when the event indicated in the subsequent application related to violence which was already subject to examination in the first asylum proceedings and was considered to not be credible.

Date of decision: 06-07-2016
ECtHR – O.M. v. Hungary, Application no. 9912/15, 5 July 2016
Country of applicant: Iran

The ECtHR found the detention of a homosexual asylum seeker in Hungary was arbitrary, in violation of Article 5(1) ECHR. In particular, the Court found that the Hungarian authorities had failed to make an individualised assessment and to take into account the applicant’s vulnerability in the detention facility based on his sexual orientation. The Court emphasised that the authorities should exercise special care when deciding on deprivation of liberty in order to avoid situations which may reproduce the plight that forced asylum seekers to flee in the first place.

Date of decision: 05-07-2016
Sweden - Migration Court of Appeal, 1 July 2016, UM 1859-16, MIG 2016:16
Country of applicant: Syria

The Applicants applied for asylum in Sweden, stating that they had arrived from Syria. However, investigations showed that the Applicants had entered Hungary via Serbia and applied for asylum in Hungary prior to arriving to Sweden. The Migration Court of Appeal found that the Hungarian asylum procedure and reception conditions did not contain such substantial deficiencies, that it was impossible to transfer the Applicants to Hungary in accordance with the Dublin III Regulation. However, two of the Applicants were small children, and had the Applicants been transferred to Hungary there was an imminent risk of lengthy waiting periods and a long period in custody before the Applicants could have their applications examined, which would have a considerable negative effect on the children’s health and development. Therefore, according to the Migration Court of Appeal a transfer of the Applicants under the circumstances was not consistent with the principle of the best interests of the children. With rejection of the Migration Agency’s complaint, the Applicants’ asylum applications were to be examined in Sweden.

Date of decision: 01-07-2016
The Netherlands - Court of The Hague, Administrative Law Department, 30 June 2016, AWB 16/11081
Country of applicant: Syria

If an Applicant, whilst his asylum application is being processed, is held in a limited area, this may be in contravention of Article 5 of the European Convention on Human Rights (“ECHR”). In determining this, the Court may take into account all of the circumstances of the case, in particular the nature, period and effect of the holding of the Applicant and how the holding of the Applicant is enforced.

Date of decision: 30-06-2016