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ECtHR, J.B. v. Greece, Application no. 54796/16, 26 May 2026
Country of applicant: Syria

The case concerns the potential removal of a Syrian national of Armenian origin and Christian denomination from Greece to Türkiye under the EU-Türkiye Statement of 18 March 2026, following the rejection of his asylum claim on safe third country grounds. The Court struck out the Article 3 complaint concerning the risk of ill-treatment upon removal due to the cessation of risk. It found no violation of Article 13 in conjunction with Article 3 having regard to the multi-layered examination of the asylum claim and the reliance on the EU–Türkiye framework, assurances and supporting material, and held that the conditions of the applicant’s detention in a Greek police station amounted to a violation of Article 3 ECHR.

Date of decision: 26-04-2026
Relevant International and European Legislation: Art 33.1,Article 47,Article 6,Article 8,Article 12,Article 13,Article 14,Article 15,Article 16,Article 31,Article 32,Article 33,Article 38,Article 46,Article 5,Article 13,Art 33.2,Article 3,Article 13,Article 41,Article 4,Article 9,Article 10,Article 13,Article 14,Article 21
ECtHR, Y.F.C. and Others v. The Netherlands, Application no. 21325/19, 21 April 2026
Country of applicant: Venezuela

The case concerns seven Venezuelan nationals who arrived in Curaçao in April 2019 and were placed in immigration detention following refusal of entry and removal orders. The Court found a violation of Article 3 ECHR in relation to the use of force during their detention, the absence of an effective and independent investigation and the lack of justification for the use of rubber bullets against applicants in custody. It further found a violation of Article 5 § 4 ECHR, due to the lack of access to a speedy judicial review of the lawfulness of their detention, particularly due to the lack of accessible remedies, language barriers, and absence of effective legal assistance. 

Date of decision: 21-04-2026
Relevant International and European Legislation: Art 32,Art 33.1,Article 6,Article 8,Article 9,Article 12,Article 26,Article 31,Article 12,Article 13,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),Art 33.2,Article 3,Art 5.1 (a),Art 5.1 (b),Art 5.1 (c),Art 5.1 (d),Art 5.1 (e),Art 5.1 (f),Art 5.2,Art 5.4,Article 8,Article 9,Article 10,Article 21,Art 4
CJEU - C-718/24 Aleb, 5 February 2026
Country of applicant: Syria

The safe third country ground under Article 33(2)(c) of Directive 2013/32 is optional; an application may be declared inadmissible on that basis even if the applicant qualifies for international protection, but it cannot be rejected as unfounded on that ground.

Article 38 requires national law to define criteria establishing a sufficient connection between the applicant and the third country to make transfer reasonable.

Article 38(2)(b) and (c) of Directive 2013/32 permits reliance on publicly available sources and executive lists of safe third countries, provided that national law sets out a methodology for an individualised assessment of safety and allows the applicant to challenge the existence of the required connection.

Courts hearing appeals must verify the existence of such a connection, even if national law does not expressly grant that power.

 

Date of decision: 05-02-2026
Relevant International and European Legislation: Recital (18),Recital (43),Recital (44),Recital (46),Article 6,Article 7,Article 8,Article 9,Article 10,Article 11,Article 12,Article 13,Article 14,Article 15,Article 16,Article 17,Article 18,Article 19,Article 20,Article 21,Article 22,Article 23,Article 24,Article 25,Article 26,Article 27,Article 28,Article 29,Article 30,Article 32,Article 33,Article 46,Article 2,Article 15,Article 267 § 2,Article 267 § 1 (b)
CJEU - C‑58/23 Abboudnam, 27 September 2023
Country of applicant: Morocco

A three-day time limit, including public holidays and non-working days, for lodging an appeal against a decision rejecting an application for international protection as manifestly unfounded under an accelerated procedure is incompatible with Article 46(4) of the Asylum Procedures Directive where it restricts the effective exercise of the rights guaranteed in Article 12(1)(b) and (2), and Articles 22 and 23 of that Directive.

Date of decision: 27-09-2023
Relevant International and European Legislation: Article 47,Recital (20),Recital (23),Recital (25),Recital (50),Article 12,Article 20,Article 22,Article 23,Article 30,Article 46,Art 51.1
ECtHR - B.Ü. v. the Czech Republic, Application No. 9264/15, 06/10/2022
Country of applicant: Turkey

Complaint under Article 3 ECHR concerning the conditions of detention of a Turkish national in the Czech Bělá-Jezová detention centre declared inadmissible for non-exhaustion of domestic remedies. Failure to conduct an independent, thorough and victim-accessible investigation into allegations of police ill-treatment at Prague Airport amounts to a violation of the procedural aspect of Article 3 ECHR. Alleged ill-treatment by police officers does not amount to a violation of the substantive aspect of Article 3 ECHR, as the ECtHR cannot establish beyond reasonable doubt that the force used, including pepper spray, was excessive.

Date of decision: 06-10-2022
Relevant International and European Legislation: Article 1,Article 4,Article 18,Art 19.2,Article 35,Article 47,Article 6,Article 8,Article 12,Article 13,Article 14,Article 24,Article 26,Article 46,Article 5,Article 6,Article 8,Article 9,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),1.,2.,3.,4.,5.,Article 3,Article 13,Article 14,Article 34,Article 35,Article 41,Article 44,Art 5.1 (a),Art 5.1 (b),Art 5.1 (c),Art 5.1 (d),Art 5.1 (e),Art 5.1 (f),Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 8.1,Art 8.2,Article 3,Article 18,Article 28,Article 8,Article 9,Article 10,Article 11,Article 19,Article 21,Article 22
CJEU (Grand Chamber) - European Commission v Hungary, Case C-821/19, 16/11/2021

The CJEU found that national legislation cannot introduce a new inadmissibility ground for applications for international protection that is not already included in the list of inadmissibility grounds in Directive 2013/32. In addition, the CJEU ruled that the so-called “Stop Soros” law which aimed at restricting and criminalizing persons or organizations providing assistance to applicants for international protection also breached EU law.

Date of decision: 16-11-2021
Relevant International and European Legislation: Article 18,Article 47,Article 6,Article 8,Article 12,Article 22,Article 33,Article 10
CJEU - Milkiyas Addis v Bundesrepublik Deutschland, Case C-517/17, 16/07/2020
Country of applicant: Eritrea

The CJEU ruled that Articles 14 and 34 of the Recast Qualifications Directive must be interpreted as precluding national legislation which provides that a failure to comply with the obligation to give a personal interview to an international protection’s applicant, before a decision is adopted, would lead to that application to be inadmissible.

The CJEU further concluded that it could only be allowed if the legislation gives the opportunity to the international protection’s applicant, in the appeal procedure, to set out in person all of his or her arguments against the decision in a hearing which complies with the applicable conditions and fundamental guarantees, under Article 15 of that Directive. The last condition would be, according to the ruling of the CJEU, that those arguments are not capable of altering that decision.

Date of decision: 16-07-2020
Relevant International and European Legislation: Art 25.2 (a),Art 12.1,Art 25.2 (f),Art 1,Art 12.2 (c),Art 25.2 (c),Art 12.2,Article 4,Recital (16),Recital (18),Recital (22),Recital (29),Recital (32),Article 1,Article 2,Article 4,Article 12,Article 14,Article 15,Article 25,Article 33,Article 34,Article 46,Article 51,Article 52,Article 53,Article 54,Recital 16,Recital 18,Recital 22,Recital 29,Recital 32,Art 12.2 (a),Art 12.2 (b),Art 12.3,Art 12.4,Art 12.5,Art 12.6,Art 25.1,Art 25.2 (b),Art 25.2 (d),Art 25.2 (e),Art 25.2 (g),Article 3
Germany - Constitutional Court of the Free State of Saxony, 24 April 2020, Vf. 11-IV-20 (HS); 12-IV-20 (e.A.)

The application of provisions on preclusion must always be decided without discretionary error. If the lower court does not make any discretionary considerations at all for its decision to apply a provision on preclusion when rejecting evidence due to a missed time-limit, it infringes the petitioner’s right to be heard under Article 78(2) of the Saxon Constitution (SächsVerf).

Date of decision: 24-04-2020
Relevant International and European Legislation: Article 10,Article 12,Article 4
Switzerland: Federal administrative court, 13 March 2020, D-1003/2020

An application for a revision of a final court decision of the Swiss Federal Court is only admissible if the applicant presents new relevant facts or evidence which he was not able to provide in previous proceedings even if he had acted with due diligence.

If the new evidence relates to another person’s hearing files (in the case at hand a relative’s hearing protocol before the Swiss asylum authority) the fact that the files could not be retrieved during the proceedings cannot be attributed to the applicant if he lacked the required consent from the person concerned to access the files. By rule of principle, it is the asylum authority’s duty to consult relevant documents for the assessment of an application which is notably the case for statements made by family relatives if the factual circumstances on which the respective applications are based are closely related.

 

Date of decision: 20-03-2020
Relevant International and European Legislation: Article 47,Article 10,Article 12,Article 46,Article 3,Article 13
Spain - The Spanish National Court. Chamber for Contentious-Administrative Proceedings, 28th December 2017, Appeal No. 607/2016
Country of applicant: Ethiopia

Law 12/2009 establishes a special guarantee for applications for international protection filed at the border, providing that legal assistance is mandatory at the time of formalising the request, and has to be provided even if the applicant does not ask for it or rejects it.

Moreover, communication must be in the language preferred by the applicant unless there is another language that he understands and in which he is able to communicate clearly.

Date of decision: 28-12-2017
Relevant International and European Legislation: European Union Law,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 3,Article 5,Article 12,Article 15,Article 19,Article 20,Article 22,Article 23,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 3,Article 4,Article 5