Case summaries
The applicant claims that the original Court neither made a detailed analysis of the applicant's political action – that gave rise to the persecution and, consequently, the asylum application – nor of the subsidiary protection application.
The recursive claim was declared unfounded by the Central Court, which found that there was no evidence of persecution or systematic human rights violations in the country of origin.
The Court ruled that the material conditions of detention exceeded Article 3 ECHR threshold and that the detention of children in such conditions, even for short periods, is also contrary to that Article. It also held that the complaint procedures that were indeed available to the applicants were ineffective, amounting to a violation of Article 13 ECHR.
The applicant’s complaint is based on the allegation that her father had not left Finland voluntarily but had been forced to return to Iraq because of the decisions already taken by the Finnish authorities. Those decisions, therefore, engaged the responsibility of Finland for having exposed the applicant’s father to a real risk of death, which ended up happening. Finland’s actions amounted to a violation of Articles 2 and 3 ECHR.
The interview of an unaccompanied minor, conducted without any legal representation, violated domestic and international provisions regarding the right to a hearing and the best interest of the child.
The Foreigners and Borders Service (SEF) appealed against the judgment of the Administrative Court of Sintra, which had upheld the application for annulment of the order of the National Director of SEF - holding that the application for asylum made by the defendant was inadmissible and held that Italy was the State responsible for taking back the applicant - and had ordered SEF to admit, process and assess the applicant's claim, with a final decision.
The Central Administrative Court of the South dismissed the appeal, confirming the contested decision on the ground of a real and proven risk of the applicant suffering cruel, degrading or inhuman treatment.
In order to guarantee that an applicant for international protection has an effective judicial remedy within the meaning of Article 47 of the Charter, a national court or tribunal is required to vary a decision of the first-instance determining body that does not comply with its previous judgment. The court or tribunal must substitute its own decision on the application for international protection by disapplying, if necessary, the national law that prohibits it from proceeding in that way.
The placement in solitary confinement of the applicant represented in this context a disproportionate infringement of the applicant's rights and justified his release, in particular due to his state of mental health.
In order to examine prohibitions of deportation, the Federal Office for Migration and Refugees (BAMF) has to consider the case of each family member even in cases of family associations separately whether deportation prohibitions exist. In this case, the risk assessment must be based on the assumption that a nuclear family living together in the Federal Republic of Germany will return to its country of origin as a family unit. This also applies if individual family members have already been granted a protection status or if national deportation prohibitions have been established.
The political, humanitarian and economic crisis in Venezuela can justify subsidiary protection status if the individual’s return to the country of origin, would cause serious harm, characterized by the level of seriousness required to be considered as inhuman and degrading treatment.
Detention within the context of immigration must be lawful, not arbitrary and carried out in good faith. In this sense, the depriavation of liberty without a realistic prospect of removal is against the prevision of Article 5 § 1 of the Convention.