New communicated cases against Greece, the United Kingdom, Germany, and Denmark

Saturday, December 7, 2019
  • M.M v Greece (Application No.44408/18): The case concerns the detention of an applicant of international protection, a Syrian national, in Section B of Moria Hotspot from 29 August 2018 until 28 September 2018. They complain that the living conditions during and after detention were contrary to Article 3 ECHR. The applicant also complains that their detention was unlawful, they had not been informed of the reasons for detention, and there was no effective procedure available to challenge the decision contrary to Article 5 § 1, § 2, and § 4 respectively.

  • A.M and A.A.M v the United Kingdom (Application No. 33636/19 and 42669/19): The applicants are a mother and her daughter. The mother, a Tanzanian national, entered the UK as a student in September 2014 while she was pregnant. The child suffers from various complex health problems and requires specialised medical care. In December 2016, the mother’s application for leave to remain was refused. All subsequent appeals were dismissed on the grounds that suitable medical treatment could be found in Tanzania. The applicants complain that the refusal to grant them leave to remain would amount to a violation of Article 3 ECHR due to the applicant child’s state of health.

  • Al-Bayati v Germany (Application No. 12538/19): The case concerns the expulsion order and re-entry ban of an Iraqi national. The applicant’s wife is a Turkish national residing lawfully in Germany with their two children of Germany nationality. The domestic courts concluded that the expulsion of the applicant was in the State’s interest as he had been found to have provided support to an organisation supporting terrorism. The applicant complains the expulsion order and re-entry ban violate his right to family life guaranteed under Article 8 ECHR.

  • Johansen v Denmark: (Application No. 27801/19): The applicant, a Danish national with Tunisian citizenship was sentenced to 4 years imprisonment for joining the Islamic State with the intention of committing terrorist crimes. On 19 November 2019, the Supreme Court ruled that the applicant’s Danish citizenship should be withdrawn and that the conditions for his expulsion had been met. The applicant complains that the decision to withdraw his Danish citizenship and order for his expulsion amounts to a violation of Article 8 ECHR.

This item was reproduced with the permission of ECRE from the ELENA Weekly Legal Update. The purpose of these updates is to inform asylum lawyers and legal organizations supporting asylum seekers and refugees of recent developments in the field of asylum law. Please note that the information provided is taken from publicly available information on the internet. Every reasonable effort is made to make the content accurate and up to date at the time each item is pusexblished but no responsibility for its accuracy and correctness, or for any consequences of relying on it, is assumed by ECRE.



Family unity (right to)
Health (right to)
Inhuman or degrading treatment or punishment