EDAL case summaries

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.

The domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country and needed to end her marriage.

Article 6(1)(e) of the Schengen Borders Code does not preclude the issue of a return decision to a third-country national not subject to a visa requirement and who is present on the territory of a M.S. for a short stay if that national is suspected of having committed a criminal offence. Moreover, the Code does not impose an obligation to establish, in order to issue such a decision, that their conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of the society of the...

The applicant brought an administrative action before the Administrative Court of the Circuit of Lisbon against the Ministry of Internal Affairs - Foreigners and Borders Service (SEF), in which he sought the annulment of the decision of the National Director of the SEF determining his transfer to Italy and the condemnation of the requested entity in the continuation of the process of international protection.

The Central Administrative Southern Court dismissed the appeal and, on grounds other than those set out in the contested judgment, upheld...