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 * CRPD: Rules Sweden's decision to deport Afghan would deteriorate his mental
   health condition
   
 * CRC: Declares Switzerland did not consider the best interests of the child in
   a removal decision to Bulgaria
   
   The case concerned a stateless Palestinian boy who was born in a refugee camp
   in Damascus, Syria.

 * UK: High Court rules Home Office’s work policy for asylum seekers as unlawful
   and against the best interest of the child
   
   On 4th October, the UK High Court gave its judgment in a case concerning a
   24-year-old Honduran citizen who claimed asylum in the UK with his wife and
   then 21-month-old daughter in 2018. 

 * C-194/19: CJEU rules circumstances subsequent to the Dublin transfer decision
   must be taken into account
   
   On 15 April 2021, the Court of Justice of the European Union (CJEU) published
   its judgment in H.A. v État belge (case C-194/19) concerning a request for a
   preliminary ruling, made in the context of proceedings regarding an action
   against a transfer decision taken under the Dublin III Regulation.

 * UK: Supreme Court reiterates that a refugee cannot be removed until claim is
   assessed
   
   The Supreme Court reiterates, inter alia, that under the 1951 Geneva
   Convention, the recognition of an of refugee status as a declaratory act.

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LATEST NEWS

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UK: HIGH COURT RULES HOME OFFICE’S WORK POLICY FOR ASYLUM SEEKERS AS UNLAWFUL
AND AGAINST THE BEST INTEREST OF THE CHILD

Date: 
Monday, October 4, 2021

On 4th October, the UK High Court gave its judgment in a case concerning a
24-year-old Honduran citizen who claimed asylum in the UK with his wife and then
21-month-old daughter in 2018.


CRC: DECLARES SWITZERLAND DID NOT CONSIDER THE BEST INTERESTS OF THE CHILD IN A
REMOVAL DECISION TO BULGARIA

Date: 
Wednesday, October 6, 2021

On 6th October 2021, the Committee on the Rights of the Child gave their
decision in the case of MKAH v Switzerland. This case was brought by the Centre
Suisse pour la defense des droits des migrants (CDSM) with a joint third party
intervention from the AIRE Centre, ECRE and the Dutch Council for Refugees. It
concerned a stateless Palestinian boy who was born in a refugee camp in
Damascus, Syria.


CRPD: RULES SWEDEN'S DECISION TO DEPORT AFGHAN WOULD DETERIORATE HIS MENTAL
HEALTH CONDITION

Date: 
Monday, October 11, 2021

On the 11th October, the Committee on the Rights of Persons with Disabilities
made its recommendations to Sweden concerning the case of ZH. This case involved
an Afghan national who applied for asylum in Sweden in 2008.

More news


LATEST CASES

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ECTHR – FEILAZOO V. MALTA, APPLICATION NO. 6865/19, 11 MARCH 2021

Country of Applicant: Nigeria

The conditions of detention amounted to a violation of Article 3, in so far as
the applicant remained in isolation, in a container with inadequate natural
light and ventilation, for a significant amount of time and without any
consideration of alternatives. The applicant’s unnecessary placement in a part
of the detention facility that was reserved for Covid-19 quarantine also exposed
him to health risk.

The applicant’s detention was not lawful under Article 5 (1) ECHR, as it lasted
for fourteen months, the authorities were aware that the deportation was not
feasible and failed to pursue the matter with diligence. Article 34 was also
violated due to irregularities in the manner that legal aid was provided to the
applicant and the lack of confidentiality and support during his communication
with the Court while he was in detention.


CJEU – C-112/20 BELGIAN STATE (RETOUR DU PARENT D’UN MINEUR), 11 MARCH 2021

Country of Applicant: Unknown

Member States are required to take due account of the best interests of the
child before adopting a return decision accompanied by an entry ban, even where
the person to whom that decision is addressed is not a minor but his or her
father.


ECTHR - A.S.N. AND OTHERS V. THE NETHERLANDS, APPLICATION NOS. 68377/17 AND
530/18, 25 FEBRUARY 2020.

Country of Applicant: Afghanistan

The European Court of Human Rights ruled that the removal of families belonging
to the Sikh religious minority to Afghanistan would not constitute a violation
of Article 3 ECHR, as the applicants’ situation failed to reach the severity
threshold required by this Article. Despite the fact that the Sikh community
suffers from intimidation and intolerance within the Afghan society, the Court
did not find that this group is the target of a practice of a systematic
practice of ill-treatment, despite any difficulties they may be facing in the
country.

More case summaries


ABOUT EDAL

--------------------------------------------------------------------------------

The European Database of Asylum Law (EDAL) is an online database managed by
the European Council on Refugees and Exiles (ECRE) and a compilation of
summaries of refugee and asylum case law from the courts of 22 European states,
the Court of Justice of the European Union (CJEU) and the European Court of
Human Rights (ECtHR). The summaries are published in English and in the relevant
state’s national language.

For more information please see here.

If you are interested in contributing an article on a relevant subject to the
EDAL blog or would like to inform us about an important national judgment,
please kindly send an email to
Stavros Papageorgopoulos (spapageorgopoulos@ecre.org).

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