Case summaries
This case examined the compatibility of the Dublin II Regulation with the European Convention on Human Rights regarding transfers to Greece under the Dublin II Regulation. The Court found that there was a violation of Article 3 ECHR by the Greece Government because of the applicant’s conditions of detention, violation of Article 3 ECHR by Greece concerning the applicant’s living conditions in Greece, violation of Article 13 taken in conjunction with Article 3 ECHR against Greece because of the deficiencies in the asylum procedure followed in the applicant’s case and the risk of his expulsion to Afghanistan without any serious examination of the merits of his asylum application and without any access to an effective remedy. The Court also found in relation to Belgium that there was a violation of Article 3 by sending the applicant back to Greece and exposing him to risks linked to the deficiencies in the asylum procedure in that State, also held against Belgium a violation of Article 3 for sending him to Greece and exposing him to detention and living conditions there that were in breach of that ECHR article. The Court also found a violation of Article 13 ECHR taking in conjunction with Article 3 ECHR against Belgium.
The case considered whether the security situation in central-Iraq, and particularly in Baghdad, met the prerequisites for granting a residence permit on the grounds of subsidiary protection. It was confirmed that the need for international protection must be evaluated not only on points of law but also on points of fact. Both the applicant’s account of prior events in the country of origin, as well as current country of origin information regarding the security situation, must be taken into account in the risk assessment. As such, the evaluation is tied to a particular individual and to a particular time and place.
A transfer to Greece within the framework of the Dublin Regulation was stopped due to the conditions for asylum seekers in the country.
The case concerned an appeal before the High National Court against the decision of the Spanish Asylum and Refugee Office (Ministry of Interior) rejecting an application for refugee status based on the fact that the applicant entered the EU through Greece. Therefore, following the Dublin II Regulation, Greece would be the responsible country for examining the application for asylum. The High National Court stated that after passing the six month period established by Art 19.3 of the Regulation CE/343/2003 without executing the transfer of the applicant to a Member State considered responsible for the examination, Spain was the responsible country for the case.
The seven day detention of a ‘temporarily admitted’ asylum seeker under the fast-track procedure was non-arbitrary and consistent with Article 5(1), but the 76 hour delay in providing the individual with the real reasons for his detention did not satisfy the promptness requirement of Article 5(2).