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ECtHR - M.S. v. Slovakia and Ukraine, Application no. 17189/11, 11 June 2020
Country of applicant: Afghanistan

Slovakian authorities provided information and interpretation and there are no indications that these were inadequate to the extent of impairing the individual’s access to asylum. The applicant’s return to Ukraine was conducted in the context of a readmission framework and there was no reason for Slovakian authorities to be particularly alert regarding potential human rights violations in Ukraine.

However, there has been a procedural violation of Article 3 of the Convention by Ukraine on account of the Ukrainian authorities’ failure to examine the applicant’s claims of fear of persecution in Afghanistan properly before returning him there. Moreover, there has been a violation of Article 5 §§ 2 and 4 of the Convention by Ukraine.

Date of decision: 11-06-2020
Relevant International and European Legislation: Art 1,Article 3,Article 4,Article 5,Article 13,Article 34,Article 35,Article 36
ECtHR - S.A v. The Netherlands, Application n° 49773/15, 2 June 2020
Country of applicant: Sudan

National authorities are best placed to assess the credibility of asylum claimants.

The ill-treatment of people of non-Arab ethnic origin in Sudan is not systematic. Therefore, when the personal circumstances of an applicant that may create a risk of persecution are insufficiently substantiated, the applicant’s removal to Sudan will not give rise to a violation of Article 3 of the Convention.

Date of decision: 02-06-2020
Relevant International and European Legislation: Article 3,Article 13,Article 5,Article 10,Article 12
Portugal - I. v. Immigration and Borders Service, No. 2364/18.0BELSB, 14 May 2020
Country of applicant: Sierra Leone

Since there is a high risk of exposure to inhuman and degrading treatment under Article 3 ECHR and Article 4 CFREU, Portugal should not allow the applicant’s transfer to Italy. The Court also found that there had been a violation of his right to a prior hearing, and that there is no obligation under EU Law of asylum seekers’ transfer once the DRIII is applied.

Date of decision: 14-05-2020
Relevant International and European Legislation: Article 3,Article 2,Article 3,Article 17
ECtHR – M.N. and others v. Belgium, Application no. 3599/18, 5 May 2020
Country of applicant: Syria

Not all cases with an international element can establish jurisdiction under the Convention; an assessment of exceptional circumstances on the basis of the specific facts of each case is required.

The applicants do not have any connecting links with Belgium and their sole presence in the premises of the Belgian Embassy in Lebanon cannot establish jurisdiction, as they were never under the de facto control of Belgian diplomatic or consular agents. Jurisdiction under Article 1 ECHR cannot be established solely on the basis of an administrative procedure initiated by private individuals outside the territory of the chosen state, without them having any connection with that State, nor any treaty obligation compelling them to choose that state.

Date of decision: 05-05-2020
Relevant International and European Legislation: Art 33.1,Article 18,Article 3,Art 51.1,Art 52.3,Article 1,Article 3,Article 6,Article 13,Article 3
Belgium – Council for Alien Law Litigation, 29 April 2020, n° 235 658
Country of applicant: Afghanistan

In the case of an Afghan Shia Hazara applicant, the Belgian Council for Alien Litigation considered that the request for international protection was based on several sources of fear, which must be analysed in combination with each other, forming a cluster of concordant evidence.

The Council granted the applicant refugee status. 

Date of decision: 29-04-2020
Relevant International and European Legislation: Art 1A (2),Art 1F,Article 3,Article 4
Netherlands - Council of State, Administrative Law section, 22 April 2020, 201904529/1/V3
Country of applicant: Iran

The Council of State applies the reasoning of ECtHR and CJEU jurisprudence to the reception conditions in Hungary to conclude that there may be a risk of ill-treatment upon return (Article 3 ECHR / Article 4 CFREU infringement) when a particularly vulnerable person who is fully dependent on state support will be confronted with "official indifference in a situation of serious deprivation or want incompatible with human dignity” upon return to Hungary.

Date of decision: 22-04-2020
Relevant International and European Legislation: Article 4,Article 33,Article 35,Article 3
Belgium - Council for Alien Law Litigation, 17 April 2020, n°235 277
Country of applicant: Guinea

The fact that an asylum seeker has already been persecuted in the past or has been subject to direct threats of persecution, was considered as a well-founded argument to believe that the applicant would face the risk to be persecuted under Article 1, Section A §2 of the 1951 Refugee Convention.  

Date of decision: 17-04-2020
Relevant International and European Legislation: Art 1A (2),Article 3,Article 4
Germany – Higher Regional Court Brunswick, Order of 11 April 2020, 3 W 30/20
Country of applicant: Lebanon

Article 48 para. 3 sentence 2 and 3 AufenthG does not offer a suitable legal basis for the search of homes.

The issue of a search warrant according to police and public order law requires concrete evidence that certain documents could be detected. The violation of the obligation to cooperate according to § 48 para. 3 sentence 1 AufenthG (refusal of the applicant to obtain a passport or similar), as well as vaguely expressed doubts of the authorities about the passport loss, are not sufficient to issue a warrant for the search of homes. Such a search warrant is in any case not proportionate if the probability of detection is low.

 

Date of decision: 11-04-2020
Relevant International and European Legislation: Article 8
ECtHR, Bilalova and others v. Poland, Application no. 23685/14, 26 March 2020
Country of applicant: Russia (Chechnya)

The detention of children is, in principle, permitted under Article 5 ECHR for the shortest amount of time, in appropriate conditions and facilities, and only after the Government has correctly concluded that less coercive measures are unavailable.

The complaint of the applicants under Article 3 are manifestly unfounded.

Date of decision: 26-03-2020
Relevant International and European Legislation: Article 5,Art 5.1,Art 5.1 (f)
ECtHR – Asady and others v. Slovakia, Application no. 24917/15, 24 March 2020
Country of applicant: Afghanistan

The standardised nature of the questions to the applicants and similarities in the responses recorded do not necessarily indicate a lack of individualised assessment. The applicants were not deprived of an opportunity to submit arguments against their expulsion and did not make any claim of persecution risks in their country of origin. No collective expulsion under Article 4 Protocol 4 has been established.

Similarly, no violation of Article 4 Protocol 4 in conjunction with Article 13 has been established, as the claim cannot be considered arguable.

Date of decision: 24-03-2020
Relevant International and European Legislation: Article 18,Article 19,Article 47,Article 3,Article 13,Art 4,Article 2,Article 6