Case Law

This case concerned age-assessment procedures and the placement in adult detention centres of two minors who arrived in Italy.

21 July 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Immigration Detention - Prison or detention conditions - Unaccompanied / Separated children | Countries: Gambia - Guinea - Italy

1. Article 6(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, read in conjunction with Article 5(a) of that directive and Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that, before issuing a return decision against an unaccompanied minor, the Member State concerned must carry out a general and in-depth assessment of the situation of that minor, taking due account of the best interests of the child. In this context, that Member State must ensure that adequate reception facilities are available for the unaccompanied minor in question in the State of return. 2. Article 6(1) of Directive 2008/115, read in conjunction with Article 5(a) of that directive and in the light of Article 24(2) of the Charter of Fundamental Rights of the European Union, must be interpreted as meaning that a Member State may not distinguish between unaccompanied minors solely on the basis of the criterion of their age for the purpose of ascertaining whether there are adequate reception facilities in the State of return. 3. Article 8(1) of Directive 2008/115 must be interpreted as precluding a Member State, after it has adopted a return decision in respect of an unaccompanied minor and has been satisfied, in accordance with Article 10(2) of that directive, that that minor will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return, from refraining from subsequently removing that minor until he or she reaches the age of 18 years.

14 January 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2008 Returns Directive (EU) | Topic(s): Children's rights - Deportation / Forcible return - Reception - Unaccompanied / Separated children | Countries: Guinea - Netherlands

The case mainly concerns the applicants’ complaints, under Article 5 of the Convention, that their arrest and detention as migrants in an irregular situation were unlawful, and that they were not informed of the reasons for their arrest and had no effective access to the procedure to challenge the lawfulness of their arrest and detention. It also concerns the eighth applicant’s complaint under Article 3 that she, a minor at the time, was not provided with adequate care in detention in connection with her pregnancy and the miscarriage she suffered.

16 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Access to procedures - Arbitrary arrest and detention - Right to liberty and security | Countries: Eritrea - Guinea - Somalia - Ukraine

The appeal raises two points of principle: first, the standard of proof applicable to the determination of whether a person qualifies for the status of a stateless person as defined in the 1954 Convention relating to the Status of Stateless Persons ("the 1954 Convention”); and secondly, the relevance of a finding that a person is stateless to an assessment carried out pursuant to paragraph 390A of the Immigration Rules.

12 October 2018 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Proof of nationality - Standard of proof - Statelessness | Countries: Guinea - United Kingdom of Great Britain and Northern Ireland

16 June 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Freedom from torture, inhuman and degrading treatment - Persecution of family members - Religious persecution (including forced conversion) | Countries: France - Guinea

19 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Effective remedy - Evidence (including age and language assessments / medico-legal reports) - Female genital mutilation (FGM) - Forced marriage - Freedom from torture, inhuman and degrading treatment - Gender-based persecution - Sexual and gender-based violence (SGBV) | Countries: Belgium - Guinea

15 December 2015 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Non-refoulement | Countries: Guinea - Netherlands

14 December 2015 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Refoulement | Countries: Guinea - Netherlands

19 February 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Benefit of the doubt - Children-at-risk - Credibility assessment - Female genital mutilation (FGM) - Forced marriage - Rejected asylum-seekers | Countries: Belgium - Guinea

20 November 2014 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Rule of law / Due process / Procedural fairness - Safe third country | Countries: Belgium - Guinea