Case summaries

This was a decision on appeal against detention under Articles 76(3) et seq of Law 3386/2005 and 30(2) of Law 3907/2011. It concerned an act to halt an asylum application, Non-attendance at the personal interview at the primary examination of the application was deemed to be tacit withdrawal of the application to be granted asylum. The Applicant was arrested due to the absence of legal documentation and decisions to detain and return were issued.  Mental illness associated with the return process was considered.

A judicial decision lifted the detention order so as to not worsen the health condition of the Applicant. Imposition of restrictions and a deadline for leaving Greece were discussed.

This case concerns a child asylum applicant who had his appeal against refusal of asylum considered after he had turned 18, and thus had become an adult. He complained that this breached Article 39 of the Procedures Directive (effective remedy).

Whether the detention of an individual under the Returns Directive for the purposes of removal is still lawful if the Applicant subsequently applies for asylum. 

This case concerned an application for a licence for a civil marriage with a Greek citizen where there was an inability to provide a certificate of being unmarried or a birth certificate because of disrupted relationship with homeland and in the context of the submission of a sworn statement regarding the absence of any impediment to marriage. The case considered the balance between the safeguards of family law and a State's obligation to protect the fundamental rights of refugees. Under the principle of proportionality, the private and family life of the individual is inviolable, bearing in mind that the lack of evidence of being unmarried should not prevent the him from being granted a licence to enter into a civil marriage with his partner, the mother of their two minor children which he has already voluntarily recognised. It is possible to substitute in concreto the said evidence with a simple sworn statement and, therefore, the Applicant does satisfy the legal requirements for the granting of a marriage licence.

This inadmissibility decision concerned the transfer of Mrs. Hussein and her children to Italy from the Netherlands under the Dublin II Regulation. The Court found the applicant’s complaints under Article 3 ECHR and Article 13 ECHR as manifestly unfounded within the meaning of Article 35(3)(a) of the Convention. The Court found that though there were shortcomings in Italy it did not disclose systemic failures to provide support for asylum seekers there. 

Failure to integrate into the country, which is typically the case, does not constitute grounds for protection. Behaviour a long time previously in relation to the entry is not significant when assessing security requirements. Aggressive behaviour in the Federal Support Centre does not alone represent a need for security which justifies detention (deportation detention). Despite removal from the Federal Support Centre owing to this behaviour, this must not lead to an asylum seeker losing his entitlement to basic services.

The case concerned complaints under Article 5 § 1 by asylum

seekers staying at the Debrecen Reception Centre for Refugees (Hungary) about the unlawfulness of their detention – without effective judicial review – pending the outcome of their asylum claims.

The case concerns an asylum seeker’s complaint under Article 5(1) about the unlawfulness of his detention without effective judicial review, pending the outcome of his asylum claim.

If access is denied at the border, the foreigner may in principle be detained (after an asylum application is made at the border), if detention 'proves necessary' within the meaning of Article 7(3) of the Reception Conditions Directive.

There is not currently an indiscriminate conflict in Afghanistan (as a whole, or in any province) within the meaning of Article 15(c). Internal protection is in general possible in Kabul; however it is unreasonable to expect certain categories of women to seek internal protection within Afghanistan.