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ECtHR – M.D. and Others v. Russia, Application nos. 71321/17 and 9 others, 14 September 2021
Country of applicant: Syria

To determine whether there is a violation of Articles 2 and 3 ECHR in the context of expulsion, the Court analyses if the Applicant has presented substantial grounds on (i) whether he faces a real risk of ill-treatment or death in the country of destination, and (ii)whether the national authorities carried out an adequate assessment of the evidence. States have an obligation to analyse the risk ex propio motu when they are aware of facts that could expose an individual to the risk of treatment prohibited by Articles 2 and 3 ECHR.  If the domestic jurisdictions didn’t carry out a proper assessment, the Court analyses the risk on its own on the basis of the parties submissions, international reports and its own findings.

States have an obligation, under Article 5 § 1 ECHR, to act with due diligence and impose a reasonable period of detention pending expulsion. Article 5 § 4 ECHR is breached if detained individuals can’t obtain a revision of their detention before a domestic court. 

Date of decision: 14-09-2021
Relevant International and European Legislation: Art 32,Art 32.1,Article 6,Article 8,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),Article 2,Article 3,Article 13,Art 5.1 (a),Art 5.1 (b),Art 5.1 (c),Art 5.1 (d),Art 5.1 (e),Art 5.1 (f),Art 5.4
ECtHR - M.S. v. Slovakia and Ukraine, Application no. 17189/11, 11 June 2020
Country of applicant: Afghanistan

Slovakian authorities provided information and interpretation and there are no indications that these were inadequate to the extent of impairing the individual’s access to asylum. The applicant’s return to Ukraine was conducted in the context of a readmission framework and there was no reason for Slovakian authorities to be particularly alert regarding potential human rights violations in Ukraine.

However, there has been a procedural violation of Article 3 of the Convention by Ukraine on account of the Ukrainian authorities’ failure to examine the applicant’s claims of fear of persecution in Afghanistan properly before returning him there. Moreover, there has been a violation of Article 5 §§ 2 and 4 of the Convention by Ukraine.

Date of decision: 11-06-2020
Relevant International and European Legislation: Art 1,Article 3,Article 4,Article 5,Article 13,Article 34,Article 35,Article 36
ECtHR - S.A v. The Netherlands, Application n° 49773/15, 2 June 2020
Country of applicant: Sudan

National authorities are best placed to assess the credibility of asylum claimants.

The ill-treatment of people of non-Arab ethnic origin in Sudan is not systematic. Therefore, when the personal circumstances of an applicant that may create a risk of persecution are insufficiently substantiated, the applicant’s removal to Sudan will not give rise to a violation of Article 3 of the Convention.

Date of decision: 02-06-2020
Relevant International and European Legislation: Article 3,Article 13,Article 5,Article 10,Article 12
ECtHR – M.N. and others v. Belgium, Application no. 3599/18, 5 May 2020
Country of applicant: Syria

Not all cases with an international element can establish jurisdiction under the Convention; an assessment of exceptional circumstances on the basis of the specific facts of each case is required.

The applicants do not have any connecting links with Belgium and their sole presence in the premises of the Belgian Embassy in Lebanon cannot establish jurisdiction, as they were never under the de facto control of Belgian diplomatic or consular agents. Jurisdiction under Article 1 ECHR cannot be established solely on the basis of an administrative procedure initiated by private individuals outside the territory of the chosen state, without them having any connection with that State, nor any treaty obligation compelling them to choose that state.

Date of decision: 05-05-2020
Relevant International and European Legislation: Art 33.1,Article 18,Article 3,Art 51.1,Art 52.3,Article 1,Article 3,Article 6,Article 13,Article 3
ECtHR – Asady and others v. Slovakia, Application no. 24917/15, 24 March 2020
Country of applicant: Afghanistan

The standardised nature of the questions to the applicants and similarities in the responses recorded do not necessarily indicate a lack of individualised assessment. The applicants were not deprived of an opportunity to submit arguments against their expulsion and did not make any claim of persecution risks in their country of origin. No collective expulsion under Article 4 Protocol 4 has been established.

Similarly, no violation of Article 4 Protocol 4 in conjunction with Article 13 has been established, as the claim cannot be considered arguable.

Date of decision: 24-03-2020
Relevant International and European Legislation: Article 18,Article 19,Article 47,Article 3,Article 13,Art 4,Article 2,Article 6
Switzerland: Federal administrative court, 13 March 2020, D-1003/2020

An application for a revision of a final court decision of the Swiss Federal Court is only admissible if the applicant presents new relevant facts or evidence which he was not able to provide in previous proceedings even if he had acted with due diligence.

If the new evidence relates to another person’s hearing files (in the case at hand a relative’s hearing protocol before the Swiss asylum authority) the fact that the files could not be retrieved during the proceedings cannot be attributed to the applicant if he lacked the required consent from the person concerned to access the files. By rule of principle, it is the asylum authority’s duty to consult relevant documents for the assessment of an application which is notably the case for statements made by family relatives if the factual circumstances on which the respective applications are based are closely related.

 

Date of decision: 20-03-2020
Relevant International and European Legislation: Article 47,Article 10,Article 12,Article 46,Article 3,Article 13
ECtHR - N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15, 13 February 2020
Country of applicant: Ivory Coast, Mali

The Court found no violation of the Convention given that the applicants would have had access to a genuine and effective possibility of submitting arguments against their expulsion had  they entered lawfully into Spain – they did not have any “cogent reasons” for not using the border procedures available at designated entry points. As such, the lack of an individualised procedure for their removal was the consequence of their own conduct.

Date of decision: 13-02-2020
Relevant International and European Legislation: Art 1,Art 3,Art 32,Art 33,Art 31,Art 4,Art 16,Art 22,Article 4,Article 18,Article 19,Art 19.1,Art 19.2,Article 47,Article 6,Article 7,Article 8,Article 9,Article 10,Article 1,Article 2,Article 4,Article 5,Article 8,Article 12,Article 13,Art 33.2,Article 1,Article 3,Article 13,Article 13,Article 2,Article 4,Article 14,Article 21,Art 4,Art. 3,Article 67,Article 78
France - Administrative Court of Appeal of Metz, 26 November 2019, N° RG 19/00909
Country of applicant: Afghanistan

The administrative detention of an Afghan national was imposed on the basis of a procedural error due  to the lack of relevant documentation and unjustified information by the French authorities (Prefect and Prosecutor).

Date of decision: 26-11-2019
Relevant International and European Legislation: Art 26,Article 45,Article 47,Article 20,Article 40,Article 46,Article 13,Article 4,Article 14,Article 19
ECtHR - Ilias and Ahmed v. Hungary, Application No. 47287/15, 21 November 2019
Country of applicant: Bangladesh

When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.

Article 5 cannot be considered as ratione materiae applicable to the Röszke transit zone; the applicants' stay there involved a short waiting time in order for Hungary to verify their right to enter, they had entered on their own initiative and they were free to leave the area in the direction of Serbia. The conditions in the transit zone were not found to breach Article 3 because of the restrictive measure's short duration, the possibility for human contact and the applicants' awareness of the procedure.

Date of decision: 21-11-2019
Relevant International and European Legislation: Recital (38),Recital (39),Recital (43),Recital (44),Recital (45),Recital (46),Recital (47),Recital (48),Article 31,Article 33,Article 35,Article 36,Article 38,Article 39,Article 43,Article 3,Article 5,Article 13,Art 5.1,Art 5.4
CJEU – Case C 175/17 X, 26 September 2018
Country of applicant: Iraq

The CJEU ruled on  the scope of the right to an effective remedy provided for in Article 39 of the Asylum Procedures Directive and in Article 13 of the Returns Directive.

Date of decision: 26-09-2018
Relevant International and European Legislation: Art 3,Art 39,Recital 5,Art 33,Recital 8,Article 18,Article 19,Art 19.2,Article 47,Recital (2),Recital (4),Recital (24),Article 2,Article 3,Article 12,Article 13,Article 3,Article 13