Case summaries
The decision of the German Federal Constitutional Court allowed a Dublin transfer of a woman and her infant child to Italy stating that the applicants did not sufficiently substantiate that they were at risk of living on the streets when returned to Italy.
The competent authority has to provide suitable guarantees to ensure the well-being of the infant applicant when returned to Italy.
The Respondent erred in detaining the Applicant under § 88a (1)(a) point 1 of Act No 404/2011 Coll. on the residence of aliens and amending certain other Acts in proceedings relating to administrative expulsion to the Ukraine, despite being aware of the Applicant’s intention to apply for asylum. The Respondent also incorrectly assessed whether Ukraine is a safe third country as he failed to take into account recent information on the current situation in Ukraine. Moreover, in assessing the risk of absconding, the Respondent asked improper questions. As such the Respondent's conduct violates principles of good governance.
A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal.
A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal. The same rule applies even if the migration detainee has consented to being confined to prison.
The ECtHR holds that Russia is in violation of Article 5 ECHR and of Article 4 of Protocol 4 through the implementation of an unlawful administrative practice against a large number of Georgian nationals as a means of identifying them. This led to the arrest, detention and collective expulsion of 4634 Georgians from the Russian Federation and further violations of Articles 3 and 13 of the Convention.
The Supreme Court held that a person who is resisting a Dublin transfer to the Member State responsible for processing the applicant's asylum claim need not show that there is a “systemic deficiency” in that Member State’s asylum system, rather that the conditions in that Member State would expose the person to inhumane and degrading treatment as prohibited by Article 3 ECHR.
According to section 51 of the Aliens Act, third-country nationals residing in Finland are issued with a temporary residence permit if they cannot be returned to their home country or country of permanent residence for temporary reasons of health or if they cannot be removed from the country.
This case concerned whether it was necessary that there was an enforceable decision to remove the person when the Immigration Service examined the requirements for a residence permit under section 51. The Court considered whether the Immigration Service should examine if there are in reality obstacles to the removal of a person, before it makes a decision to remove this person.
The Returns Directive does not permit an entry ban to be time limited only in circumstances where the recipient makes an application for such.
In determining the lawfulness of continued detention after a breach of defence rights, the domestic authorities must ask whether, in light of all factual and legal circumstances, the outcome of the administrative procedure at issue could have been different if the third-country nationals in question had been able to put forward information which might show that their detention should be brought to an end.
A bad situation in the country of origin does not constitute a sufficient intrinsic reason to accord refugee status or other forms of protection.
One cannot question the credibility of an applicant solely on the basis of a discrepancy between the information stated in the application and the information provided in subsequent stages of the proceedings.