Case summaries

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ECtHR - N.D. and N.T. v. Spain, Application Nos. 8675/15 and 8697/15, 3 October 2017
Country of applicant: Ivory Coast, Mali

NB: the case was referred to the Grand Chamber, which issued a new ruling on 13 February 2020. For the EDAL summary of the final judgment, see here.

The continued and exclusive control of contracting State's authorities over individuals creates, at least, a de facto exercise of jurisdiction for the purposes of Article 1 ECHR. 

In light of Spain's jurisdiction over N.D. and N.T, who had attempted to cross the fences separating Morocco from Melilla, Spain was bound by the prohibition of collective expulsions under the Convention. A standardised response of removal to the applicants attempted entry to the Spanish territory without any identification procedure or administrative or judicial measure being first taken meant that the Spanish authorities had violated Article 4 Protocol 4 to the Convention. 
 
The collective expulsion of the applicants was clearly linked to their inability to access a national procedure which would satisfy Article 13 requirements.The applicants had, therefore, also been denied an effective and rigorous remedy which would allow them to contest the collective expulsion. 
Date of decision: 03-10-2017
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 18,Article 19,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 8,Article 9,Article 11,Article 12,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 1,Article 2,Article 8,Article 12,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 1,Article 13,Article 41,ECHR (Fourth Protocol),Art 4,Treaty on the Functioning of the European Union 2010/C 83/01,EN - Treaty on European Union,Article 2,Article 6,Article 78
CJEU - C‑348/16, Moussa Sacko
Country of applicant: Mali

If an application for protection has been heard at first instance and the applicant there had the opportunity of a full examination including a personal interview and was given a transcript or report of the interview; and if it was there determined that the application is manifestly unfounded; then EU asylum law in particular Directive 2013/32/EU allows the national court or tribunal to dismiss an appeal without allowing the applicant  a further opportunity to be heard.

However, a hearing may be conducted if the court hearing the appeal considers it necessary for the purpose of ensuring that there is a full and ex nunc examination of both facts and points of law, as required under Article 46(3) of the Directive.

Date of decision: 26-07-2017
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (18),Recital (20),Article 2,Article 12,Article 14,Article 17,Article 31,Article 32,Article 46,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 6
Ireland - M.A.I. -v- Minister for Justice Equality and Law Reform & ors. [2010 825 JR]
Country of applicant: Iraq

The case focused on, among other things (consideration of documentation & country of origin information), the crucial issue of the duty of the State to provide appropriate and competent interpreters during the asylum process. Quashing the RAT (Refugee Appeals Tribunal)decision in this case, Faherty J ruled that she was not satisfied that the RAT had done its utmost, as required by law, to procure a Kurdish-Badini interpreter, and that the Court has to countenance the possibility that an error in interpretation could account for the perceived discrepancies in the applicant’s oral evidence.

Date of decision: 12-12-2014
Relevant International and European Legislation: EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 12,Article 14,Article 15,Article 46
Greece - Council of State, 22 March 2011, Application No. 886/2011
Country of applicant: Bangladesh

A foreigner who wishes to be placed under the special protection of refugee status must show the Administration, with reasonable clarity and in an objectively reasoned way, that there are specific facts which cause him to have a fear of persecution for reasons of race, religion, nationality, social group or political opinion. If such substantive claims have not been submitted, but only general, vague or manifestly unfounded claims; or if specific facts have indeed been cited but these do not establish grounds for refugee status, then there is no obligation to give specific reasons for rejecting the application for asylum. The “Handbook on Procedures and Criteria for Determining Refugee Status” issued by the UN High Commissioner for Refugees is non-binding in nature but contains “best practice” for the relevant authorities when examining asylum applications and, in that way, sets out “soft law”. Granting a residence permit on humanitarian grounds falls within the broad discretionary powers of the relevant authority; but it can, exceptionally, be obligatory if the foreigner would – should he be repatriated to the country of origin – be at risk of torture or other inhuman or degrading treatment or punishment.

Date of decision: 22-03-2011
Relevant International and European Legislation: Art 33.1,Article 10,Article 11,Article 12,Article 3,Article 2,Article 9,Article 10