You are here
Home ›EDAL case summaries
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...
In order to guarantee that an applicant for international protection has an effective judicial remedy within the meaning of Article 47 of the Charter, a national court or tribunal is required to vary a decision of the first-instance determining body that does not comply with its previous judgment. The court or tribunal must substitute its own decision on the application for international protection by disapplying, if necessary, the national law that prohibits it from proceeding in that way.
Detention within the context of immigration must be lawful, not arbitrary and carried out in good faith. In this sense, the depriavation of liberty without a realistic prospect of removal is against the prevision of Article 5 § 1 of the Convention.
Member States can issue a return decision together with, or right after, a negative decision on an asylum application at first instance, as long as they ensure that all judicial effects of the return decision are suspended during the time allowed to appeal and pending that appeal.
During that period, and despite being subjected to a return decision, an asylum applicant must enjoy all the rights under the Reception Conditions Directive. The applicant can rely upon any changes in circumstances affecting his claim that came up after the return decision, before the appeals authority....
Detention conditions in Greek police stations and living conditions in Idomeni Camp in northern Greece for five unaccompanied children were in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations.
Member States are required to revoke subsidiary protection on the basis of art. 19(1), if they find out that the conditions that led to the granting of status were never met, regardless of whether the incorrect assessment of facts leading to the status is imputable exclusively to the national authority itself
Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law.
Residence permits obtained in the context of family reunification and long-term resident status, under Directives 2003/86 and 2003/109, may be withdrawn if they were issued on the basis of falsified documents, even if the holders were unaware of the fraud committed.
Pages
Languages
Filter by case summary type
- National Case law 1281
- ECrtHR Case law 238
- CJEU Case law 100
Filter by applicable legal provisions
- European Union Law 1253
- Council of Europe Instruments 627
- International Law 484
- UNHCR Handbook 100
Filter by keywords
- Inhuman or degrading treatment or punishment 255
- Subsidiary Protection 237
- Effective remedy (right to) 236
- Detention 212
- Persecution Grounds/Reasons 210
- Assessment of facts and circumstances 207
- Dublin Transfer 206
- Refugee Status 206
- Credibility assessment 195
- Procedural guarantees 189
- Effective access to procedures 169
- Membership of a particular social group 155
- Country of origin information 150
- Internal protection 149
- Return 129
- Persecution (acts of) 118
- Real risk 112
- Well-founded fear 112
- Responsibility for examining application 107
- Reception conditions 106
- Family unity (right to) 104
- Individual assessment 101
- Personal circumstances of applicant 100
- Political Opinion 97
- Serious harm 93
- Non-refoulement 91
- Exclusion from protection 85
- Subsequent application 84
- Burden of proof 82
- Best interest of the child 81
- Right to remain pending a decision (Suspensive effect) 79
- Protection 76
- Actor of persecution or serious harm 75
- Non-state actors/agents of persecution 73
- Vulnerable person 73
- Standard of proof 72
- Internal armed conflict 70
- Medical Reports/Medico-legal Reports 70
- Indiscriminate violence 69
- Unaccompanied minor 68
- Child Specific Considerations 67
- Religion 67
- Gender Based Persecution 65
- Relevant Documentation 64
- Torture 64
- Material reception conditions 62
- Safe third country 61
- Individual threat 59
- Relevant Facts 59
- Family member 58
- Request to take back 57
- Humanitarian considerations 56
- Personal interview 55
- Country of origin 53
- Family reunification 52
- Previous persecution 52
- Actors of protection 51
- Discrimination 51
- Accelerated procedure 46
- Refugee sur place 46
- Delay 45
- Obligation to give reasons 45
- Sexual orientation 44
- Legal assistance / Legal representation / Legal aid 43
- Armed conflict 39
- Revocation of protection status 39
- Terrorism 37
- Health (right to) 36
- Benefit of doubt 35
- Inadmissible application 35
- First country of asylum 34
- Manifestly unfounded application 34
- Request that charge be taken 32
- Nationality 31
- Access to the labour market 26
- Acts contrary to the purposes and principles of the UN 26
- Crime against humanity 26
- Safe country of origin 26
- Duty of applicant 25
- Race 25
- Dependant (Dependent person) 24
- Final decision 23
- Accommodation centre 22
- Circumstances ceased to exist 22
- Serious non-political crime 22
- Residence document 21
- Stateless person 20
- Trafficking in human beings 19
- Freedom of movement (right to) 18
- Obligation/Duty to cooperate 18
- Cessation of protection 17
- Visa 17
- War crimes 17
- Indirect refoulement 16
- Female genital mutilation 13
- Integration measures 13
- Country of former habitual residence 10
- International armed conflict 10
- More favourable provisions 10
- Death penalty / Execution 9
- Education (right to) 6
- Withdrawal of protection application 6
- Sponsor 5
- Genocide 3
- Temporary protection 3
Filter by date
Filter by country of applicant
- Afghanistan 188
- Iraq 113
- Iran 96
- Russia 88
- Nigeria 83
- Somalia 82
- Syria 73
- Turkey 57
- Unknown 48
- Pakistan 42
- Russia (Chechnya) 37
- Eritrea 35
- Sudan 34
- Congo (DRC) 33
- Sri Lanka 33
- Algeria 32
- Kosovo 26
- Morocco 21
- Cameroon 20
- Palestinian Territory 20
- Ukraine 20
- Armenia 18
- Ethiopia 16
- Guinea 16
- Rwanda 16
- Albania 15
- Bangladesh 14
- China 14
- Georgia 14
- Ivory Coast 14
- Lebanon 13
- Colombia 12
- Serbia 12
- Egypt 11
- Gambia 11
- Ghana 11
- Tunisia 10
- Uzbekistan 10
- Bosnia and Herzegovina 9
- Senegal 9
- Belarus 8
- India 8
- Sierra Leone 8
- Angola 7
- Kyrgyzstan 7
- Mali 7
- Mongolia 7
- Uganda 7
- Vietnam 7
- Azerbaijan 6
- Kazakhstan 6
- Libya 6
- Togo 6
- Zimbabwe 6
- Burundi 5
- Croatia 5
- Mauritania 5
- South Africa 5
- Tanzania 5
- United Kingdom 5
- Bulgaria 4
- France 4
- Jordan 4
- Kenya 4
- Lithuania 4
- Moldova 4
- United States 4
- Western Sahara 4
- Brazil 3
- China (Tibet) 3
- Cuba 3
- Liberia 3
- Macedonia 3
- Benin 2
- Bhutan 2
- Botswana 2
- Chad 2
- Congo (Republic of) 2
- Cyprus 2
- Germany 2
- Haiti 2
- Israel 2
- Kuwait 2
- Myanmar 2
- Niger 2
- North Korea 2
- Saudi Arabia 2
- Slovakia 2
- South Korea 2
- Tajikistan 2
- Austria 1
- Burkina Faso 1
- Central African Republic 1
- Comoros 1
- Czech Republic 1
- Djibouti 1
- Dominican Republic 1
- Ecuador 1
- Gabon 1
- Greece 1
- Guinea-Bissau 1
- Indonesia 1
- Italy 1
- Jamaica 1
- Madagascar 1
- Malawi 1
- Montenegro 1
- Namibia 1
- Nepal 1
- New Zealand 1
- Philippines 1
- Romania 1
- Thailand 1
- Zambia 1
Filter by country of decision
- France 160
- Germany 143
- United Kingdom 143
- Ireland 87
- Austria 77
- Belgium 75
- Sweden 74
- Czech Republic 58
- Netherlands 57
- Poland 57
- Greece 48
- Spain 48
- Hungary 45
- Italy 43
- Finland 42
- Slovenia 35
- Slovakia 30
- Denmark 25
- Luxembourg 15
- Switzerland 11
- Cyprus 6
- Portugal 1