Case summaries

ECtHR- D.B. v. Turkey, Application no. 33526/08, 13 October 2010
Country of applicant: Iran

The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.

Date of decision: 13-10-2010
UK - House of Lords, 11 October 2010, R (Bagdanavicius) v Secretary of State for the Home Department (UKHL) [2005] UKHL 38
Country of applicant: Lithuania

The House of Lords confirmed that in addition to establishing a real risk of harm, the applicant would also have to show that their state has failed to provide reasonable protection. 

Date of decision: 11-10-2010
ECtHR - Rantsev v. Cyprus and Russia, Application no. 25965/04, 10 October 2010
Country of applicant: Russia

Trafficking in human beings falls under the prohibition of Art. 4 of the Convention.  Consequently, state parties have the positive obligation:

  1. to adopt an adequate and comprehensive legal framework to combat this criminal offence;  
  2. to undertake protective measures whenever the authorities are aware or ought to have been aware of a serious risk of a person being subject to trafficking;
  3. and to appropriately  investigate situations of potential trafficking. 
Date of decision: 10-10-2010
Austria - Constitutional Court, 9 October 2010, U1046/10
Country of applicant: Nigeria

The withdrawal of practical protection against deportation for subsequent applications is lawful and does not represent an infringement of the right to an effective remedy (Art 13 ECHR), if the legality of the withdrawal is examined by the Asylum Court.

Date of decision: 09-10-2010
Austria - Constitutional Court, 7 October 2010, U694/10
Country of applicant: Afghanistan

The Constitutional Court allowed an appeal against a decision to expel a single mother and her three minor children to Greece. It is necessary that Greece ensure appropriate accommodation will be provided for vulnerable persons in each case. The applicants are vulnerable persons and the lack of assurance from Greece, therefore, gave rise to a real risk of a violation of Art 3 ECHR.

Date of decision: 07-10-2010
Austria- Constitutional Court, 02 October 2010, U3078/09
Country of applicant: Russia

The Applicant submitted applications for the assignment of a legal adviser and legal aid at the same time as his appeal. The Asylum Court rejected the appeal and the applications for the assignment of a legal adviser and legal aid as inadmissible. The Constitutional Court of Austria revoked this finding with reference to Art 15 Procedures Directive: the Asylum Court should not have been permitted to reject the applications for the assignment of a legal adviser and legal aid, but should have pronounced a judgment on the merits by means of a separate decision that could be challenged with a legal remedy.

Date of decision: 02-10-2010
Hungary – Metropolitan Court, 30 September 2010, S.W.J. v. Office of Immigration and Nationality, 24.K.32 957/2009/23
Country of applicant: Ethiopia

The Ethiopian applicant was a victim of sexual violence and suffered from serious post-traumatic stress disorder (PTSD). Her claim was rejected based on credibility concerns. The court ruled that the asylum authority failed to assess the facts of the case in a proper manner by applying inappropriate interview techniques and wrongly concluded that the applicant did not substantiate her well-founded fear of persecution.

Date of decision: 30-09-2010
Spain - High National Court, 28 September 2010, 310/2009
Country of applicant: Colombia

This appeal challenged a negative decision of the Ministry of Interior to refuse family refugee status extension to the applicants whose son was granted refugee status in 2006.

Date of decision: 28-09-2010
Ireland - High Court, 28 September 2010, R.M.K. (DRC) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform 2010 IEHC 367
Country of applicant: Congo (DRC)

This case concerned the consideration of expert medical evidence by asylum decision makers and the link with the assessment of credibility. The Court found that the Refugee Appeals Tribunal failed adequately to consider strong medical evidence relating to torture in assessing the overall credibility of the applicant’s refugee claim. The Court also found that it is incumbent upon the asylum decision maker to give reasons for rejecting the contents of medico-legal reports, especially those with a high probative value.

Date of decision: 28-09-2010
Austria – Asylum Court, 24 September 2010, S5 317.551-2/2010/2E
Country of applicant: Russia (Chechnya)

After the applicant absconded the time frame for a deportation was extended by 18 months and, therefore, Poland’s original acceptance was still valid at the time of the second application. Art 7 Dublin II Regulation is not applicable because the applicant’s family life was established after his first application for asylum. There is no violation of Art 8 ECHR because the applicant’s family life was formed at a moment when the applicant did not know whether he would be able to maintain it.

Date of decision: 24-09-2010