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Belgium – X v. Federal Agency for the Reception of Asylum SeekeBelgium – X v. Federal Agency for the Reception of Asylum Seekers (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258 rs (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258
Country of applicant: Iraq
Keywords: Procedural guarantees, Accommodation centre, Integration measures

The principle of material continuity applies to the transition from one form of aid to another. A family who has been granted international protection should be accomodated in reception centers for refugees until they benefit from financial assistance and a stable private housing, even if it means extending the deadline to fins accommodation that had been given to them following their recognition as refugees.

 

Date of decision: 08-03-2016
Relevant International and European Legislation: Article 7,Article 17,Article 18,Article 20
UK - The Queen on the application of MS, NA, SG - and - The Secretary of State for the Home Department, [2015] EWHC 1095, 22 April 2015
Country of applicant: Afghanistan, Eritrea, Sudan
Keywords: First country of asylum, Humanitarian considerations, Inhuman or degrading treatment or punishment, Safe third country, Real risk, Reception conditions, Responsibility for examining application, Request that charge be taken, Dublin Transfer, Accommodation centre, Integration measures, Request to take back, Return, Vulnerable person

The presumption that Italy remains in compliance with its EU and International Law obligations related to the reception and integration of asylum seekers and Beneficiaries of International Protection has not been rebutted. Asylum seekers and BIPs suffering from severe psychological trauma can be returned to Italy with no real risk of breaching article 3 ECHR, or 4 CFREU, since the Country's reception capacities have not been exceeded, while effective medical treatment is available under the same terms as to Italian nationals.

Date of decision: 22-04-2015
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 26,Art 28,Art 29,Art 30,European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 4,Art 33,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 2,Article 13,Article 15,Article 17,Article 20,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,1.,2.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
UK - Court of Appeal, 19 December 2007, HK (Turkey) v Secretary of State for the Home Department [2007] EWCA Civ 1357
Country of applicant: Turkey
Keywords: Accelerated procedure, Detention, Torture

It was decided that it was not necessary to provide a medical examination before admitting an individual to a detained asylum fast track procedure, but the failure to provide a medical examination within a prescribed time and to report an allegation of torture rendered continuing detention unlawful.

Date of decision: 19-12-2007
Relevant International and European Legislation: EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,2.,Article 17,Article 20