Case summaries

The applicant, who committed crimes while being in Kyrgyzstan, is imprisoned in Russia and is at risk of being returned to his home country in spite of the fact that he could be subjected to torture or inhuman and degrading treatment.

This case dealt with the extent to which in the case of a child the prospect of discrimination could amount to a real risk of persecution sufficient to found a successful asylum claim in a situation where a comparably placed adult would not be at such a risk. 

In the course of an asylum procedure, the statements of the asylum seeker have to be assessed integrally. This includes, inter alia, an analysis of (up-to-date) country reports. However, such analysis is not carried out in a sufficient manner where there are only superficial references to the country of origin information. Rather, it is required that the information contained is actually taken into consideration when taking the decision, applied to the specific circumstances of each case and compared to the information provided by the asylum seeker(s).

If this is not the case, there are significant deficiencies in the administrative inquiry and the facts relevant for the decision are not fully established. Therefore, the contested decisions are to be annulled and the matters are to be referred back to the competent authorities for new decisions to be issued since there is no sufficient basis for a decision of an administrative court. 

The Defendant faced two charges, that of a ‘prohibited immigrant’ and of illegally entering the Republic of Cyprus, whilst at the same time he had applied for asylum. With the aid of effective legal representation, he was found not guilty on both charges. 

The Court of Appeal concluded that to send a refugee who has a residence permit in Italy and an asylum seeker back to the country would not violate Article 3 ECHR.

The court further constrained the decision in Tarakhel to families with minor children. 

The ECtHR ruled that the Greek authorities had failed in their positive obligation under Article 8 ECHR to guarantee that the applicant’s asylum request is examined within a reasonable time in order to ensure that his situation of insecurity, which impinges upon several elements of his private life, is as short-lived as possible. 

A Dublin Transfer to Italy should be prevented when the person concerned is a vulnerable person as per in Article 3 (2) Dublin III Regulation.

The Court quashed the decision of the Office of Immigration and Nationality (OIN) because it failed to carry out a proper establishment of facts as required by the Dublin III Regulation.

When deciding whether refugee status should be available , one must not only consider any pre-persecution but also post-flight circumstances. Judged  on a forward looking basis of persecution of political enemies within Syrian territory, upon return to Syria there continues to be a danger of individual persecution including human rights violations by reason of belonging to a certain group. 

The Administrative Chamber of the Spanish Supreme Court decides on the inadmissibility of the appeal an applicant for international protection submitted of a judgement that denied him the right of asylum and subsidiary protection.

The Supreme Court concludes there is no legal reasoning to admit the appeal, because what the National Court concluded was well-founded.