Case summaries

Austria – Asylum Court, 16 January 2012, S22 423.415-1/2011-3E
Country of applicant: Afghanistan

The Asylum Court rejected an appeal against the decision to expel the applicant, who has a medical condition, and her daughter to Italy. The situation in Italy was assumed to be in accordance with the Reception Conditions Directive and there was, therefore, no real risk of a violation of Art 3 ECHR. There was no violation of Art 8 ECHR as the applicant’s son had been living in Austria for 10 years, which meant there was no family life worth protecting.

Date of decision: 16-01-2012
Italy - Trieste Court, 14 January 2012, No. RG 479/2011
Country of applicant: Rwanda

A risk of persecution of a refugee can extend in time beyond the period during which the actual events took place that resulted in a flight in search of protection. The risk should be assessed taking into account all the evidence and documentation at the Applicant’s disposal.

Date of decision: 14-01-2012
Finland - Supreme Administrative Court, 13 January 2012, KHO:2012:1
Country of applicant: Iran

Although the asylum seeker has been unable to offer any credible account of the death penalty allegedly imposed on him due to his homosexuality, it must nevertheless be assessed whether, he has grounds to fear persecution or is in real danger of suffering serious harm in his home country due to his sexual orientation, and what weight must be given to the fact that he must hide his homosexuality to avoid this kind of threat. The judgments of the Administrative Court and the Immigration Service were overturned and the case was returned to the Immigration Service for further consideration. 

Date of decision: 13-01-2012
France - Council of State, 11 January 2012, No. 354907
Country of applicant: Unknown

French associations challenged an internal memo from the OFPRA (3 November 2011). The Council of State suspended the execution of that memo.

Date of decision: 11-01-2012
ECtHR - Auad v. Bulgaria, Application No. 46390/10
Country of applicant: Lebanon, Palestinian Territory

The case concerned the proposed expulsion of the Applicant to Lebanon. He argued that it would expose him to a risk of ill‑treatment or death, that he did not have an effective remedy in respect of his claim in that regard, and that his detention pending deportation had been too lengthy and unjustified.

Date of decision: 11-01-2012
Ireland - High Court, 11 January 2012, P.I., E.I. (An Infant) and J.N.I. (An Infant) v Minister for Justice and Equality, [2012] IEHC 7
Country of applicant: Unknown

This was an application for an interim injunction preventing the removal of the applicants pending the outcome of their application for leave to apply for judicial review.  The underlying leave application raised several different points, of these, one was deemed arguable: that Ireland’s deportation regime involving a lifetime ban on re-entry is contrary to the ECHR and Irish Constitution.

Date of decision: 11-01-2012
ECtHR - G.R. v Netherlands, Application No. 22251/07
Country of applicant: Afghanistan

The case concerns an Afghan national who applied for a residence permit for the purpose of residing with his

wife and children who had been granted Netherlands nationality. He complained about the refusal to exempt him from the statutory administrative charge, EUR 830, required to obtain a decision on his request for a residence permit and which he could not afford to pay. The Court examined that complaint under Article 13 (right to an effective remedy).

Date of decision: 10-01-2012
Greece - Single-Member Misdemeanours Court of Igoumenitsa, 2012, Case No 682/2012
Country of applicant: Unknown

When detained under conditions that constitute the notion of inhuman or degrading treatment or punishment of article 3 ECHR, a person is not criminally responsible for committing the unlawful act of escaping custody.

 

Date of decision: 02-01-2012
Finland - Supreme Administrative Court, 30 December 2011, KHO:2011:116
Country of applicant: Thailand

The authority issuing residence permits did not issue a residence permit based on family ties because it suspected that the Applicants had entered a so-called marriage of convenience. In this case the Court examined whether the authorities could refuse to issue a residence permit, when the requirements for a permit were met, if they suspected that the Applicant had intensions to evade the rules on entry into the country.

Date of decision: 30-12-2011
Germany - Administrative Court Stuttgart, decision of 30 December 2011 – A 11 K 2066/11
Country of applicant: Iran

1. If an Iranian national is declined the opportunity to obtain a school-leaving certificate and attend a state school because of the refusal by Iranian authorities to issue him with identity papers, this constitutes a significant discriminatory administrative measure according to Article 9 paragraph 2 of the Qualification Directive.

 
2. The right to suitable education corresponding to a child’s abilities is recognised as a human right according to international law.

Date of decision: 30-12-2011