Case summaries

United Kingdom - M.I (Palestine) v Secretary of State for the Home Department, 31 July 2018
Country of applicant: Palestinian Territory

Court ruled upon the correct test to use when considering returns to Palestine.

Date of decision: 31-07-2018
CJEU - C-585/16 Alheto, 25 July 2018
Country of applicant: Palestinian Territory

Where a person is registered with UNRWA and then later applies for international protection in a European Union Member State such persons are in principle excluded from refugee status in the European Union unless it becomes evident, on the basis of an individualised assessment of all relevant evidence, that their personal safety is at serious risk and it is impossible for UNRWA to guarantee that the living conditions are compatible with its mission and that due to these circumstances the individual has been forced to leave the UNRWA area of operations. 

 

Date of decision: 25-07-2018
CJEU - C 404/17, A v Migrationsverket, 25 July 2018
Country of applicant: Serbia

A Member State cannot rely on the rebuttable presumption under Articles 36 and 37 of the 2013 Asylum Procedures Directive (APD) in respect of the safe country of origin concept and subsequently find the application to be manifestly unfounded in accordance with Article 31(8)(b) without having fully implemented and complied with the procedures under the APD relating to the designation of countries as safe countries of origin.

Moreover, a Member State may not consider an application for asylum as manifestly unfounded under the APD due to the insufficiency of the applicant’s representations. 

Date of decision: 25-07-2018
ECtHR – Case of A.S. v France, 19 July 2018, Application No. 46240/15
Country of applicant: France, Morocco

After being notified of his return decision, set to take place on the same day, the applicant requested an interim measure on Article 3 ECHR grounds in the morning but was nonetheless expelled to Morocco in the afternoon. The Court found no violation of Article 3, regarding the applicant’s expulsion to Morocco, by taking into account subsequent information. It found a violation of Article 34 of the Convention, owing to the fact that the applicant had no sufficient time to file a request to the Court, hence running the risk back then of being potentially subjected to treatment prohibited by the Convention.

Date of decision: 19-07-2018
United Kingdom - KG v Secretary of State for the Home Department, High Court of Justice, 13 July 2018
Country of applicant: Sri Lanka
Keywords: Detention

According to UK detention rules, a detainee must be examined by a doctor within 24 hours of being detained in order to ascertain if they are a potential victim of torture.  

Date of decision: 13-07-2018
Portugal - J v. Immigration and Borders Service, No. 263/18.5 BELSB, 11 July 2018
Country of applicant: Ghana

The Court considered that the decision-maker should have had taken into consideration the applicant’s alleged vulnerable situation, and as a result ordered the case’s remittal to the Central Administrative Court of Lisbon so evidence could be collected on this.

Date of decision: 11-07-2018
Germany – Federal Administrative Court, 11 July 2018, BVerwG 1 C 18.17
Country of applicant: Afghanistan

The Federal Administrative Court has to clarify whether the petition for action directed solely at the obligation to decide on the asylum application is admissible. The question if it is also possible to directly oblige the defendant to grant international protection or to establish prohibitions on deportation by means of an action is not the subject of the decision. As a result, the court comes to the conclusion that there was a delay by the respondent of providing the decision on the asylum application without sufficient reason and that the plaintiff has a need for legal protection for its action for failure to act.

Date of decision: 11-07-2018
Switzerland – Supreme Administrative Court, 10. July 2018, E-5022/2017
Country of applicant: Eritrea

The judgment deals with the admissibility of the execution of an expulsion order of an Eritrean who illegally left the country. Despite the assumption that the entry into the national service in the country of origin constitutes forced labour within the meaning of Art. 4 para. 2 ECHR, enforcement is permissible since there was no flagrant violation of Art. 4 para. 2 ECHR.

Date of decision: 10-07-2018
ECtHR - X v. The Netherlands, Application no. 14319/17, 10 July 2018
Country of applicant: Morocco

Article 3 has not been violated in a case concerning the deportation of an individual who had been convicted of a terrorism-related charge to Morocco. However the ECtHR acknowledges that ill-treatment and torture by the police and the security forces still occur, particularly in the case of persons suspected of terrorism or of endangering State security.

Date of decision: 10-07-2018
Spain - Administrative Chamber of the Spanish Supreme Court, 9 July 2018, No. 1.168/2018

The Administrative Chamber of the Spanish Supreme Court established that Spain is bound by two Council Decisions of May and September 2015 establishing an EU Emergency Relocation Mechanism aimed at distributing a number of refugees that have arrived to Italy and Greece.

Date of decision: 09-07-2018