Case summaries
The case examined the allegations of five Afghan nationals that their detention conditions in Pagani detention centre were in violation of Article 3 of the Convention, that they did not have access to an effective remedy (Article 13) and that they were deprived of their liberty and security as well as of their right to have the lawfulness of their detention decided speedily by a Court (Article 5 para 4).
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.
The Convention relating to the Status of Refugees contains a finite list of grounds on which refugee status may be recognised and does not include victims of war, natural disasters, or famine, family situation, unemployment, lack of educational opportunities, or poverty.
The assessment of whether the foreignor's fear of persecution is justified must therefore be performed with reference to the individual case in question and in the light of the general social, legal, political, and economic situation of the country of origin of the foreignor applying for refugee status.
The notion of “well-founded fear” has not been precisely defined. However, it is commonly accepted that it must necessarily contain two elements: a subjective element (the party has a real and credible fear of persecution) and an objective element (this fear has a basis in reality). A person applying for refugee status should present facts and possibly evidence confirming that they were persecuted in the past or that they fear persecution upon returning to their country of origin. Other reasons for a foreigner leaving their country of origin or fearing a return to their country of origin are immaterial as regards recognition of their refugee status.
B.G., a citizen of the Russian Federation, applied for refugee status, citing persecution experienced due to his brother being in prison. The authorities of both instances questioned his credibility, citing numerous inconsistencies in the various testimonies given. The foreignor then appealed to the Regional Administrative Court, which dismissed the appeal on the grounds that the proceedings had been conducted properly and referring to the fact that the foreignor was able to flee internally in his country of origin.
The authority conducting the proceedings provides, where necessary, translations into Polish of documents in a foreign language that are admissible as evidence in refugee status proceedings.
The option of internal flight means that if there is a part of the country of origin where there are no circumstances justifying the foreignor's fear of persecution or serious harm and it can reasonably be presumed that the foreignor will be able to move there without impediment, there is no well-founded fear of persecution or actual risk of serious harm in the country of origin. If the conditions in one region do not suit the foreignor, he can try to move to another part of the country.
The Applicant was a homosexual male from Iran who had renounced Islam and was studying the catechism of the Roman Catholic doctrine. It was held that the Applicant had no well-founded (objective) fear of persecution on the grounds of changing his religious beliefs.
Regarding the risks associated with his sexual orientation, the fear that the Applicant expressed was deemed to be well-founded, and it was held that not externalising his sexual orientation to avoid danger would, in and of itself, constitute serious harm to his right to respect for his private life and his right to not be discriminated against. Therefore, his refugee status was recognised and he was granted the international protection in the form of refugee status.
The case concerns a recognised as a refugee in the United Kingdom, who was to be deported in the interests of national security to Jordan. The UK Government obtained assurances from Jordan that he would not be subjected to ill-treatment and would be tried fairly by the Jordanian State Security Court. However the applicant alleged that, if deported to Jordan, he would be at real risk of ill-treatment and an unfair trial.
The case concerns the extension of periods of detention while awaiting removal from Belgian territory with respect to an Iraqi citizen having served his sentence and having submitted a number of asylum applications in Belgium.
The case relates to the detention and proposed deportation from Belgium of an irregularly present Cameroonian national suffering from HIV.
The Court unanimously found that her deportation to Cameroon would not violate Article 2 or Article 3 ECHR. However, she had not been able to effectively challenge the deportation decision, in violation of Article 13.
The Court found a violation of Article 3 based on the lack of appropriate treatment while she was detained. Further, the additional period of detention following interim measures by the Court preventing her removal, was unlawful and violated Article 5(1)f).