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ECtHR - Z and others v. Finland, Application no 42758/23, 16 December 2025
Country of applicant: Russia

Violation of Article 8 regarding the right to respect for family life, arising from a domestic court order for the return of two children from Finland to Russia under the Hague Child Abduction Convention. 

Date of decision: 16-12-2025
Relevant International and European Legislation: Article 3,Art 8.1,Art 8.2
ECtHR - Dabo v. Sweden, Application No. 12510/18, 18/01/2024
Country of applicant: Syria

The Court found no violation of Article 8 ECHR took place as the requirements set out by the Swedish Temporary Restrictions Act were in line with the Family Reunification Directive and the European consensus. The balancing exercise was therefore performed correctly.

Date of decision: 18-01-2024
Relevant International and European Legislation: Article 7,1.,Article 35,Art 8.1,Art 8.2,Article 10
ECtHR - B.F. and Others v. Switzerland, Applications Nos. 13258/18, 15500/18, 57303/18 and 9078/20, 04/07/2023
Country of applicant: China, Eritrea

The Court found that the Swiss legislation sets stringent socio-economic requirements which in practice may render the right to family reunification impossible to exercise, in view of the personal situation of the sponsors residing in Switzerland and who cannot be expected to do the impossible to meet the conditions imposed on them.

Date of decision: 04-07-2023
Relevant International and European Legislation: Art 1A,Article 5,Article 7,Article 8,1.,2.,3.,Article 11,1.,2.,Article 17,Article 14,Art 8.1,Art 8.2,Article 9,Article 10
CJEU (Grand Chamber) - X v Staatssecretaris van Justitie en Veiligheid, Case C-69/21, 22/11/2022
Country of applicant: Russia

The Return Directive precludes the adoption of a return decision when the person concerned is suffering from a serious illness and there are substantial grounds to believe that their pain would significantly increase if returned, because effective treatment is not available there. Although the Directive does not require Member States to grant a right to residence to such third-country nationals, when implementing the Directive, the right to private and family life must be respected, which includes, among other elements, access to healthcare and medical treatment.

Date of decision: 22-11-2022
Relevant International and European Legislation: Art 33.1,Article 1,Article 4,Article 7,Art 19.1,Art 19.2,Recital (2),Recital (4),Article 2,Article 3,Article 4,Article 5,Article 6,Article 8,Article 9,Art 51.1,Art 51.2,Art 52.1,Art 52.2,Art 52.3,Art 33.2,Article 3,Art 8.1,Art 8.2
ECtHR - B.Ü. v. the Czech Republic, Application No. 9264/15, 06/10/2022
Country of applicant: Turkey

Complaint under Article 3 ECHR concerning the conditions of detention of a Turkish national in the Czech Bělá-Jezová detention centre declared inadmissible for non-exhaustion of domestic remedies. Failure to conduct an independent, thorough and victim-accessible investigation into allegations of police ill-treatment at Prague Airport amounts to a violation of the procedural aspect of Article 3 ECHR. Alleged ill-treatment by police officers does not amount to a violation of the substantive aspect of Article 3 ECHR, as the ECtHR cannot establish beyond reasonable doubt that the force used, including pepper spray, was excessive.

Date of decision: 06-10-2022
Relevant International and European Legislation: Article 1,Article 4,Article 18,Art 19.2,Article 35,Article 47,Article 6,Article 8,Article 12,Article 13,Article 14,Article 24,Article 26,Article 46,Article 5,Article 6,Article 8,Article 9,1.,1. (a),1. (b),2.,2. (a),2. (b),3.,4.,5.,6.,6. (a),6. (b),1.,2.,3.,4.,5.,Article 3,Article 13,Article 14,Article 34,Article 35,Article 41,Article 44,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 5.2,Art 5.3,Art 5.4,Art 5.5,Art 8.1,Art 8.2,Article 3,Article 18,Article 28,Article 8,Article 9,Article 10,Article 11,Article 19,Article 21,Article 22
United Kingdom - High Court of Justice in Northern Ireland, Queen’s Bench Division (Judicial Review), JR 184, [2021] NIQB 98, 02/11/2021
Country of applicant: Somalia

Given that the Secretary of State used the same materials in the first and in the review decisions, the High Court found that the Secretary of State did not comply with the standard of review in re-evaluating the case at hand.

Date of decision: 02-11-2021
Relevant International and European Legislation: Article 3,Art 8.1,Art 8.2
United Kingdom - YMKA and Ors v Secretary of State for the Home Department, Upper Tribunal, 1 November 2021

In this case the Upper Tribunal provided that the Refugee Convention doesn’t offer protection from social conservatism and that there is no protected right to enjoy a socially liberal lifestyle. However, the Convention may be considered to apply where  ‘westernisation’ reflects a protected characteristic such as political opinion or religious belief, or if there is a real risk that the individual in question would be unable to mask his westernisation and persecutors would impute such protected characteristics to him. 

Date of decision: 01-11-2021
Relevant International and European Legislation: Art 1A (2),Art 10.1 (a),Art 10.1 (d),Art 10.1 (e),Art 10.1 (b),Art 10.2,Art 10.1 (c),Art 8.1,Art 8.2,Article 15
SAVRAN v. DENMARK (Application no. 57467/15)
Country of applicant: Turkey

The current case concerns the expulsion of Mr. Arif Savran “the applicant” from Denmark to his country of origin, Turkey in 2015 because of his criminal convictions in Denmark. The applicant argued that his expulsion to Turkey had been in violation of Article 3 and Article 8 of the European Convention on Human Rights because he was suffering paranoid schizophrenia and that he was a “settled migrant”.

The Court found that expulsion of the applicant to Turkey did not violate Article 3 under the Paposhvili threshold test, because the evidence was not “capable of demonstrating that there are substantial grounds” for believing that as a “seriously ill person”, the applicant “would face a real risk… resulting intense suffering or to a significant reduction in life expectancy”.  Also, there was no evidence to show that applicant was causing harm to himself.

In relation to the violation of Article 8, the Court found that Danish authorities failed to consider the mental conditions of the applicant and the applicant expulsion to Turkey violated his “private life” under the Article 8 of the Convention.

Date of decision: 08-09-2021
Relevant International and European Legislation: Article 1,Article 3,Article 34,Article 35,Article 41,Art 8.1,Art 8.2
ABDI v. DENMARK (Application no. 41643/19)
Country of applicant: Somalia

The expulsion of the applicant to Somalia was in violation of Article 8 of the Convention, because the offences committed by the applicant did not posed a threat to public order and he had not previously been warned of expulsion or had a conditional expulsion order imposed. Furthermore, the applicant also had very strong ties to Denmark and virtually no ties with Somalia. Therefore, the expulsion of Mr. Abdi, combined with a life-long ban on returning, was disproportionate.

Date of decision: 24-08-2021
Relevant International and European Legislation: Article 35,Article 41,Art 8.1,Art 8.2
ECtHR - M.A. v. Denmark, Application no. 6697/18, 2021
Country of applicant: Syria

Except for very limited exceptions, the statutory three-year waiting period for family reunification of persons granted ‘temporary protection’ does not allow for an individualised assessment of the interest of family unity in light of the concrete situation of the persons concerned. Eventually the Court finds a violation of Article 8 of the Convention since the measure (whose goal is not otherwise challenged) had a disproportionate impact in the case at hand.

Date of decision: 09-07-2021
Relevant International and European Legislation: Art 1A (2),Art 1F(c),Art 28,Art 34,Art 1F(b),Art 1,Art 3,Art 1A,Art 1F(a),Art 32,Art 1C (5),Art 35.1,Art 1D,Art 31,Art 4,Art 16,Art 22,Art 2,Art 13,Art 15,Art 17,Art 21,Art 24,Art 26,Art 27,Art 32.1,Art 33.1,Art 1C (6),Preamble,Art 35,Art 1C (3),Article 3,Article 8,1.,2.,Art 1A (1),Art 1B,Art 1B (1),Art 1B (2),Art 1C (1),Art 1C (2),Art 1C (4),Art 1E,Art 5,Art 6,Art 7,Art 8,Art 9,Art 10,Art 11,Art 12,Art 14,Art 18,Art 19,Art 20,Art 23,Art 25,Art 29,Art 30,Art 32.2,Art 32.3,Art 35.2,Art 36,Art 37,Art 1C,Art 12.1,Art 12.2,Art 16.1,Art 16.2,Art 16.3,Art 17.1,Art 17.2,Art 17.3,Art 19.1,Art 19.2,Art 22.1,Art 22.2,Art 24.1,Art 24.2,Art 24.3,Art 24.4,Art 25.1,Art 25.2,Art 25.3,Art 25.4,Art 25.5,Art 28.1,Art 28.2,Art 29.1,Art 29.2,Art 30.1,Art 30.2,Art 31.1,Art 31.2,Art 33.2,Art 38,Art 39,Art 40,Art 41,Art 42,Art 43,Art 44,Art 45,Art 46,Schedule,Article 3,Article 14,Art 8.1,Art 8.2,Article 2,Article 23,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288