Case summaries
ECtHR - S.C. v. Romania, Application No 9356/11, 10 February 2015
Country of applicant:
Turkey
Keywords:
Detention, Effective remedy (right to)
The case concerns an expulsion order from Romanian territory issued against a Turkish applicant, and his placement in an administrative detention centre
The Court found that there was no violation of article 5(4) ECHR as the applicant had been given the opportunity to challenge the legality of his detention
However, it found that article 5(1)f) ECHR had been violated as the applicant had been detained for a further three months after the rejection of his asylum claim.
Date of decision:
10-02-2015
Relevant International and European Legislation:
EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 6,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 2,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5
UK - Supreme Court, 28 July 2010, R (on the application of ZO (Somalia) and others (Respondents) v Secretary of State for the Home department ( (Appellant) [2010] UKSC 36"
This case concerned whether the provisions of the Reception Conditions Directive apply to subsequent asylum applications (fresh claims) as with initial claims for asylum. It was confirmed that that the provisions do apply.
Date of decision:
28-07-2010
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 23.4 (h),Art 32,Art 34,Recital 15,Art 7.2,Art 24.1,Art 39.1 (c),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 6,Article 8,Article 10,1.,2.,2.,1.,Article 16,1.