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Italy - Tribunal of Ragusa, 16 April 2018, RG n. 1182/2018
Country of applicant: Unknown

The rescuing actor is not only responsible for the search and rescue operations but should also consider the safety of disembarkation points in line with the principle of non-refoulement. The Open Arms ship conducted a reasonable assessment of the situation during the rescue operation, given that Libya could not be considered a country where the rescued migrants could be safely returned and Italy had already communicated an available place of safety.

it should be assessed whether the migrants – if rescued by the Libyan authorities - would have been taken back to a country where there are ongoing severe violations of human rights. In the case at issue, Libya has to be considered such a country.  the rescuing actor is not only responsible for the SAR operations but also for the designation of a POS (place of safety) for the migrants to be disembarked at. the principle of non-refoulement had to be applied. the decision to communicate with the Italian authorities, which were the first interlocutor with the Open Arms during the entire operation, including during the disembarking phase, is considered reasonable.

Date of decision: 16-04-2018
Relevant International and European Legislation: Art 33,Article 19,Article 3
France – Council of State, 11 April 2018, N° 412514
Country of applicant: Russia

The Council of State annulled the decision from the French national court on asylum (CNDA) after noting it had not examined the applicant’s submission that he did not have access to an interpreter during his personal interview for a re-examination of his asylum application. He had indeed appealed against the decision of the French immigration authorities (OFPRA) rejecting his claim despite his inability to be understood.

Date of decision: 11-04-2018
Relevant International and European Legislation: 1951 Refugee Convention,International Law
France – Council of State, 11 April 2018, N° 402242
Country of applicant: Turkey

The applicant’s asylum claim has been rejected on the grounds of Article 1F(c) of the 1951 Refugee Convention. The act he committed would amount to being contrary to the purposes and principles of the UN. However, the Council of State hereby decided that in failing to seek and qualify the severity of this act in the light of its effects internationally, the lower court made an error of law.

Date of decision: 11-04-2018
Relevant International and European Legislation: 1951 Refugee Convention,Art 1F,International Law
ECtHR Khaksar v. the United Kingdom (no. 2654/18)
Country of applicant: Afghanistan

The exhaustion of domestic remedies is a prerequisite for the admissibility of applications lodged with the ECtHR under Article 35 ECHR. Removal of individuals suffering from severe medical problems may not be considered inhumane in the meaning of Article 3 ECHR, when suitable treatment exists in the country of origin.  

 

Date of decision: 03-04-2018
Relevant International and European Legislation: Art 1A (2),Article 14,Article 3,Article 8,Article 35,Article 2,Article 6,Article 9,Article 10
France - Administrative Court of Appeal of Lyon, 13 March 2018, nos 17LY02181 – 17LY02184
Country of applicant: Afghanistan

An internal armed conflict, characterised by armed clashes, prevails throughout the whole territory of Afghanistan. The situation in the Kabul region and the city itself constitutes indiscriminate violence resulting from this internal armed conflict.

Transferring a family to Finland under the Dublin Regulation where their asylum application and subsequent appeals have been rejected is unlawful on account of the humanitarian and security situation in Afghanistan. 

Date of decision: 13-03-2018
Relevant International and European Legislation: 1951 Refugee Convention,Art 33,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 1,Article 4,Article 19,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 13,Article 17,Article 18,Article 19
ECtHR, H.A. and others v. Greece, 19951/16, 28 February 2019
Country of applicant: Iraq, Morocco, Syria

The detention conditions, to which the applicants had been subjected to in police stations, while being under protective custody as unaccompanied minors, violated Article 3 ECHR.  Violation of Article 3 in conjunction with Article 13 on account of the applicants’ inability to bring a complaint against the detention conditions.

Their placement in protective custody was an unlawful detention measure under Article 5, as there were no time limits, no vulnerability assessment and no consideration of this form of custody as one of last resort. The applicants had no possibility to exercise their rights under Article 5 (4), as they could not establish contact with their lawyer and the lack of official detainee status would have raised practical obstacles in any attempt to challenge their detention.

Date of decision: 28-02-2018
Relevant International and European Legislation: Article 3,Article 13,Art 5.1,Art 5.4,UN Convention on the Rights of the Child
France - Nice Administrative Tribunal, 23 February 2018, 1800714
Country of applicant: Sudan

The refusal of an entry decision given to an unaccompanied child at the Franco-Italian border is manifestly unlawful and constitutes a severe breach of the applicant’s interest.

Date of decision: 23-02-2018
Relevant International and European Legislation: 1951 Refugee Convention,European Union Law,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation)
Sweden - Migration Court of Appeal, 29 of January 2018, UM8384-16
Country of applicant: Algeria

The Appellant applied for asylum in Sweden on the basis of being a refugee as per his registration at the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Alternatively the appellant argued that his need for protection should be judged against his previous residency in in Syria. The main issue faced by the court was whether the appellant’s normal place of residence should be considered as Syria or Algeria, and thus against which of these two countries the appellant’s need for protection should be judged.

The Court deemed Algeria to be the appellant’s normal place of residence based on his formal and non-formal ties to the country as well as his 18 months stay in the Algeria prior to coming to Sweden. Based on this the court did not deem the appellant to have the required need for protection and denied his appeal.

Date of decision: 29-01-2018
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A,Art 1D,European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 21
Austria: Supreme Administrative Court (VwGH), 23. January 2018, Ra 2018/18/0001
Country of applicant: Afghanistan

For the assumption of reasonable internal flight alternatives, a case-by-case assessment must be made on the basis of sufficient findings about the expected situation of the asylum applicant in the country of origin. On the basis of general information on the situation in the country of origin, a young, healthy man with school education and professional experience and who is familiar with the local conditions, can in principle be expected to resettle in Kabul.

Date of decision: 23-01-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 7,Article 8,Article 15
I.K. v. Switzerland (No. 21417/17), 18 January 2018
Country of applicant: Sierra Leone

The applicant, a national from Sierra Leone who claimed asylum in Switzerland on the grounds of persecution owing to his homosexuality, is found not to be at risk of treatment prohibited under Article 3 of the Convention in case of return to his country of origin. In substance, the Court recalls that national authorities are in the best position to carry out this risk assessment and recalls the UNHCR Guiding Principles on asylum claims based on sexual orientation, which require the evaluation of the risk through individual assessment, in addition to the examination of the country’s general situation. 

Date of decision: 18-01-2018
Relevant International and European Legislation: 1951 Refugee Convention,UNHCR Handbook