Case summaries

Restriction of movement due to the lack of official identification papers can occur only when the Applicant raises sufficient doubt as regards the credibility of his declared identity, at which the actual circumstances of the case at hand need to be taken into account.

The restriction of movement due to the presence of the Applicant’s fingerprints in the EURODAC base is permissible only if the actual circumstances of the case at hand indicate that the Applicant might flee.

Inadequate care and unlawful detention of an unaccompanied minor seeking asylum: the case concerned the conditions in which a minor from Afghanistan, who had entered Greece illegally, was held in the Pagani adult detention centre on the island of Lesbos.

Legality of detention in the event of imminent deportation to Greece, if the detention was imposed before the judgment by the ECtHR in the case M.S.S. v Belgium and Greece (application no. 30696/09) and there is an enforceable expulsion decision.

In the opinion of the appeal court, the fact that the defendant disregarded the documents submitted by the applicant in support of his request for an application of Article 3(2) of the Dublin Regulation, and omitted to present an argument in the decision as to why it had not upheld the application, fails to satisfy the requirements of the generally accepted legal principles of administrative procedure, because the outcomes of these actions were not assessed and justified in the decision.

Unlawful detention of an Algerian citizen in Malta for more than 18 months.

Trafficking in human beings falls under the prohibition of Art. 4 of the Convention.  Consequently, state parties have the positive obligation:

1. to adopt an adequate and comprehensive legal framework to combat this criminal offence;  
2. to undertake protective measures whenever the authorities are aware or ought to have been aware of a serious risk of a person being subject to trafficking;
3. and to appropriately  investigate situations of potential trafficking. 

The applicants, a family of four from Iran, were deported back to Iran from Turkey after having been granted refugee status by the UNHCR. The applicants challenged the lawfulness of their detention, claimed that they were not offered an effective remedy prior to their deportation and that they were at risk of persecution upon their return to Iran. 

Detaining children in a closed centre designed for adults is unlawful and ill-suited to their extreme vulnerability, even though they were accompanied by their mother.

The basis for  a person’s detention under  5(1)(f) of the Convention  is legally untenable when there is a lack  of  a  realistic  prospect  of  the applicant’s expulsion  and  the domestic authorities fail to conduct the expulsion proceedings with due diligence.