Case summaries

ECtHR- Aden Ahmed v. Malta, (Application no. 55352/12, 9 December 2013
Country of applicant: Somalia

The Court examined the complaints of a Somali national concerning her detention conditions in Malta (Article 3), which deteriorated her mental health and resulted in inhuman and degrading treatment.  She further alleged that her detention was in breach of Article 5 § 1, 2 and 4 (Right to liberty and security).

Date of decision: 09-12-2013
ECtHR - Suso Musa v. Malta, (Application no. 42337/12), 9 December 2013
Country of applicant: Sierra Leone

Examining the applicant’s complaints of unlawful detention, absence of information on the specific reasons of his detention and lack of access to effective remedies, the Court found a violation of Article 5 para 1 and Article 5 para 4 of the Convention. 

Date of decision: 09-12-2013
Sweden - Migration Court of Appeal, 9 December 2013, UM 1412-13, MIG 2013:23
Country of applicant: Syria

A transfer in accordance with the Dublin Regulation does not require the Swedish Migration Board to investigate ex officio whether there are deficiencies in the asylum system in Italy. The transfer does, however, breach the right to a family life, in accordance with Article 8 of the European Convention on Human Rights.

Date of decision: 09-12-2013
ECtHR - Sharifi v. Austria, Application No. 60104/08
Country of applicant: Afghanistan

It is not the case that in autumn 2008 the Austrian authorities ought to have known that serious deficiencies in the Greek asylum system risked a violation of the Applicant’s Article 3 rights if transferred to Greece under the Dublin procedure.

Date of decision: 05-12-2013
Austria - Asylum Court, 29 November 2013, B1 431721-1/2013
Country of applicant: Afghanistan

An application for international protection lodged by an Afghan who illegally entered Austria was rejected. The Court found that the applicant had no well-founded fear of persecution in his country of origin nor was he to be granted the subsidiary protection status.  

Date of decision: 29-11-2013
Austria - Asylum Court, 29 November 2013, S25 438541-1/2013
Country of applicant: Russia

The Asylum Court upheld the Federal Asylum Agency’s rejection of the mother and son’s application on the basis that Poland was responsible for the application under the Dublin II Regulation. The Court held that Austria was not obliged to apply Article 3(2) Dublin II Regulation due to a threatened violation of Article 3 or Article 8 ECHR. 

Date of decision: 29-11-2013
UK - Zoumbas (Appellant) v Secretary of State for the Home Department (Respondent)
Country of applicant: Congo (DRC)

In deciding extradition cases, the best interests of the child, although a primary consideration, could be outweighed by other interests, in this case effective immigration control. The impact of the family's extradition on the interests of the children was judged proportional, if weighed against the Zoumbas' appalling immigration record and the fact that the family could be removed without serious detriment to the children's well-being. Important guidelines were given for the decision of cases involving the welfare of children.

Date of decision: 27-11-2013
Sweden - Migration Court of Appeal, 26 November 2013, UM 1590-13, MIG 2013:19
Country of applicant: Syria

A stateless Palestinian woman from Syria who was registered with the UNRWA but who was no longer receiving support from the organisation was granted refugee status by the Migration Court of Appeal, and the case was returned to the Swedish Migration Board for re-examination of the period of validity of the residence permit.

Date of decision: 26-11-2013
UK - Court of Appeal, AA (Iran), R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor, [2013] EWCA Civ 1523
Country of applicant: Iran

This case concerns the State’s obligation under Article 19(3) of the Reception Direction to trace the family members of unaccompanied child asylum applicants.  The Court considers the effect on their claims where there is a failure by the State to carry out that duty.

Date of decision: 26-11-2013
Finland - Supreme Administrative Court, 22 November 2013, KHO:2013:180
Country of applicant: Bulgaria, Iraq

According to section 51 of the Aliens Act, third-country nationals residing in Finland are issued with a temporary residence permit if they cannot be returned to their home country or country of permanent residence for temporary reasons of health or if they cannot be removed from the country.

This case concerned whether it was necessary that there was an enforceable decision to remove the person when the Immigration Service examined the requirements for a residence permit under section 51. The Court considered whether the Immigration Service should examine if there are in reality obstacles to the removal of a person, before it makes a decision to remove this person.

Date of decision: 22-11-2013