Case summaries

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ECtHR - Hode and Abdi v. the United Kingdom, Application No. 22341/09
Country of applicant: Djibouti, Somalia

The case concerns discrimination against a refugee and his post-flight wife in the enjoyment of their right to family life because she was not allowed to join him in the UK. This was owed to more restrictive rules for the reunification of the spouses of refugees in comparison to workers or students, or to refugees married at the time of the flight.

Date of decision: 06-02-2013
Relevant International and European Legislation: Article 8,Article 14,Article 35,Article 41
ECtHR - De Souza Ribeiro v France [GC], Application No. 22689/07
Country of applicant: Brazil

The case concerns the removal of a Brazilian national residing in French Guiana (a French overseas département-région) and his inability to challenge the measure before its enforcement.

Date of decision: 13-12-2012
Relevant International and European Legislation: Article 5,Article 12,Article 13,Article 8,Article 13,Article 41
ECtHR- Mahmundi and others v. Greece, 14902/10, 24 October 2012
Country of applicant: Afghanistan

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). 

Date of decision: 24-10-2012
Relevant International and European Legislation: Article 1,Article 3,Article 5,Article 8,Article 13,Article 14,Article 29,Article 34,Article 35,Article 41,Article 44
ECtHR - Hendrin Ali Said and Aras Ali Said v. Hungary, Application No. 13457/11
Country of applicant: Iraq

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.

Date of decision: 23-10-2012
Relevant International and European Legislation: Art 18,Art 32,Art 33,Art 31,Article 7,4.,Article 5,Article 41
ECtHR- Labsi v. Slovakia, Application no. 33809/08, 24 September 2012
Country of applicant: Algeria

The European Court of Human Rights held that the expulsion of an Algerian national from Slovakia to Algeria, in contempt of an interim measure issued by the Court, was in violation of Articles 3, 13 and 34 of the Convention.

Date of decision: 24-09-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Article 2,Article 3,Article 13,Article 15,Article 29,Article 34,Article 35,Article 41,Article 44
ECtHR - M. and Others v. Bulgaria, Application No. 41416/08
Country of applicant: Afghanistan, Armenia

M’s detention pending deportation, for over 2 years and 8 months, was processed without sufficient safeguards against arbitrariness and delay, resulting in four separate violations of the Convention.

Date of decision: 26-10-2011
Relevant International and European Legislation: Art 33,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 3,Article 8,Article 13,Article 41,Article 46,Art 5.1,Art 5.4
ECtHR - R.U. v. Greece, Application No. 2237/08
Country of applicant: Turkey

The case concerned detention and detention conditions in Greece for a Turkish asylum seeker of Kurdish origin, who had been tortured in Turkey, and the conduct of the asylum procedure.

Date of decision: 07-09-2011
Relevant International and European Legislation: Art 32,Art 33,Art 31,Article 3,Article 5,Article 13,Article 41
ECtHR - Bardi v Spain, Application No. 66167/09

The case concerns judicial proceedings that ended with the granting of guardianship of a child from the Sahrawi refugee camps in Tindouf to a Spanish host family, after a long period of uncertainty and despite her biological mother’s request for her return. The Court found violation of Article 8 in this regard.

Date of decision: 24-08-2011
Relevant International and European Legislation: Article 8,Article 41
ECtHR - Rahimi v. Greece, Application No. 8687/08
Country of applicant: Afghanistan

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.

Date of decision: 05-07-2011
Relevant International and European Legislation: EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,1.,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,Article 5,Article 13,Article 41
ECtHR - Saidoun and Fawsie v. Greece, Application Nos. 40083/07 and 40080/07
Country of applicant: Lebanon, Syria
Keywords: Refugee Status

Refusal to grant social security to political refugees was in breach of the Convention.

Date of decision: 28-01-2011
Relevant International and European Legislation: Art 23,Article 8,Article 14,Article 41