Case summaries

The UK Court of Appeal held that the Secretary of State’s practice of detaining people under the Detained Fast Track (DFT) system while they await an appeal for a refusal of an application for asylum is unlawful. Although permitted by a policy document, an avenue for appeal within the DFT and its procedures were neither clear nor transparent, and there was no possible justification for detaining people while awaiting an appeal. 

The European Court of Human Rights (ECtHR) has held that the detention of an unaccompanied minor at Soufli border posts for over 5 months constituted a breach of Article 3 of the ECHR as well as a violation of the right to an effective remedy and the right to liberty and security.

The case examines the risk to an Iranian national if expelled to Iran in light of his political activities against the country’s regime. The Court confirmed that such a return would give rise to a violation of Article 3 ECHR and whilst finding an Article 13 read in conjunction with Article 3 violation as admissible it raised no separate issue in the case.

The European Court of Human Rights has held Turkey to be in violation of the applicant’s right to liberty as well as material reception conditions during his detention in Kumkapı Removal Centre. The Court further held that the applicant had not benefited from an effective remedy by which to complain of the detention conditions.

The ECtHR has unanimously held that Belgium, in extraditing a Tunisian national to the US, where he was under prosecution on charges linked to Al-Qaeda, without any regard to the interim Rule 39 measure issued by the Court suspending the extradition, had violated both Article 3 and Article 34 (right to individual applications)of the ECHR.

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.

Ouseley J in the High Court held although the practice and policy of the Secretary of State in operating the Detained Fast Track System (DFT) was not unlawful in its terms, there was room for improvement. The screening process must not only focus on the suitability of a claim for fast-tracking, but it must also consider the impact that a tight timetable and detention may have on the fair presentation of a claim. In addition, lawyers must be allocated to applicants earlier to allow for meaningful instructions to be given and to allow for vulnerable status to be highlighted. Falling short of unlawfulness, the system carried too high a risk that unfair determinations would be made against applicants. 

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 proceedings before the Slovak Regional Court in respect of judicial review of the applicant’s detention had been incompatible with the requirements of Article 5 § 4 (right to have lawfulness of detention decided speedily by a court).

Detention conditions in Greece contrary to Article 3 of the Convention; Lack of effective review of the lawfulness of detention in violation of Article 5 § 4 of the Convention.