Case summaries
This case related to a dispute as to whether the UK or Belgium had responsibility for determining the applicant’s asylum claim
No liability in damages in EU Law under Art 16(1)(b) of the Dublin Regulation arose from the failure to promptly examine an application for asylum where the United Kingdom accepted responsibility for the claim. The obligation in Art 13 of the Qualification Directive to grant refugee status to those entitled to it could not be considered a “civil right” protected by Art 6 of the ECHR in the absence of caselaw from the Strasbourg Court expressly recognising this.
This case concerned the right to apply for asylum and seek an effective judicial remedy where the applicants had not reached Spanish territory (by land or sea). The Spanish Commission for Refugee Assistance (CEAR) lodged an appeal before the Supreme Court against a decision of the High National Court. CEAR alleged that the applicants’ right to seek asylum and the right to effective judicial protection had been violated. The Supreme Court held that the applicants could not exercise those rights as they had not arrived on Spanish territory.
When a decision on detention is being made it is necessary to consider if the person is a refugee (asylum seeker) and subsequently if expulsion is feasible, and therefore the only permissible purpose of detention.