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Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Decisions 20802/25.9.2018 and 20898/26.9.2018 of the 9th Independent Appeals Committee (administrative body, second instance)

25 September 2018 | Judicial Body: Greece: Administrative Court (First Instance) of Athens | Topic(s): Deportation / Forcible return - Foreign occupation - Safe third country | Countries: Greece - Syrian Arab Republic - Turkey

CASE OF S.Z. v. GREECE (Application no. 66702/13)

violation of articles 3 and 5

21 June 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Expulsion - False documents - Freedom from torture, inhuman and degrading treatment - Right to liberty and security | Countries: Greece - Syrian Arab Republic

Arrêt n° 205 104

8 June 2018 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Greece - Palestine, State of

Decision 805/2018

This is a summary in English provided by UNHCR Athens.

17 April 2018 | Judicial Body: Greece: Council of State | Topic(s): Freedom of movement | Countries: Greece

AFFAIRE A.E.A. c. GRÈCE (Requête no 39034/12)

The possibility of introducing an asylum claim is a conditio sine qua non for the effective protection of persons in need of international protection. If authorities do not guarantee unhindered access to the asylum procedure, asylum-seekers can not make use of the procedural rights foreseen within the asylum procedure and are at risk of being arrested at any time. Hence even if the asylum procedure offers effective safeguards, these are of no use if, as in the present case, the asylum claim is not registered for a long period of time. [85] violation of article 13 (effective remedy) in combination with article 3 ECHR.

15 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Effective protection - Effective remedy - Registration | Countries: Egypt - Greece - Sudan - Turkey

J.R. and Others v. Greece (AFFAIRE J.R. ET AUTRES c. GRÈCE)

The Court found in particular that the applicants had been deprived of their liberty for their first month in the centre, until 21 April 2016 when it became a semi-open centre. The Court was nevertheless of the view that the one-month period of detention, whose aim had been to guarantee the possibility of removing the applicants under the EU-Turkey Declaration, was not arbitrary and could not be regarded as “unlawful” within the meaning of Article 5 § 1 (f). However, the applicants had not been appropriately informed about the reasons for their arrest or the remedies available in order to challenge that detention.

25 January 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security | Countries: Afghanistan - Greece

12 L 4591 / 17.A

10 November 2017 | Judicial Body: Germany: Verwaltungsgericht | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception | Countries: Germany - Greece

Joint decisions 2347/2017 and 2348/2017

This is a summary in English provided by UNHCR Athens.

22 September 2017 | Judicial Body: Greece: Council of State | Topic(s): Non-refoulement - Safe third country | Countries: Greece

S.G. c. Grèce

18 May 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum-seekers - Exhaustion of domestic remedies - Freedom from torture, inhuman and degrading treatment | Countries: Greece - Iran, Islamic Republic of

S.G. v. Greece

18 May 2017 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum-seekers - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Reception | Countries: Greece - Iran, Islamic Republic of

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