Case Law

The ECtHR considered it more appropriate to examine the complaints concerning the failure of France to comply with the interim relief orders of the Administrative Court ordering that the applicants must be taken into emergency accommodation and the absence of an effective emergency procedure for the enforcement of an interim relief order solely under Article 6 ECHR (§§ 91, 92). The ECtHR considered that the decision to grant or refuse emergency accommodation constituted a civil right and thus held that Article 6 § 1 ECtHR was applicable. The case concerned asylum-seekers who were without accommodation at the time of the events, and in whose favour the urgent-applications judge of the administrative court ordered the State to provide them with emergency accommodation.

30 December 2022 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Decision on admissibility - Effective remedy - Exhaustion of domestic remedies - Rule of law / Due process / Procedural fairness | Countries: Congo, Democratic Republic of the - France - Georgia

Article 33(2)(d) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 2(q) thereof and Article 2 of Protocol (No 22) on the position of Denmark annexed to the EU Treaty and to the FEU Treaty, must be interpreted as precluding legislation of a Member State other than the Kingdom of Denmark which provides for the possibility of rejecting as inadmissible, in whole or in part, an application for international protection within the meaning of Article 2(b) of that directive, which has been made to that Member State by a national of a third country or a stateless person whose previous application for international protection, made to the Kingdom of Denmark, has been rejected by the latter Member State.

22 September 2022 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Decision on admissibility - International protection - Safe third country | Countries: Denmark - Georgia - Germany

The French authorities had failed in their duties under domestic law. They were found responsible for the conditions in which the applicants had been living for several months: sleeping rough, without access to sanitary facilities, having no means of subsistence and constantly in fear of being attacked or robbed. The applicants had thus been victims of degrading treatment, showing a lack of respect for their dignity. The Court found that such living conditions, combined with the lack of an appropriate response from the French authorities and the fact that the domestic courts had systematically objected that the competent bodies lacked resources in the light of their status as single young men, had exceeded the threshold of severity for the purposes of Article 3 of the Convention. The three applicants N.H., K.T. and A.J. had thus found themselves, through the fault of the French authorities, in a situation that was incompatible with Article 3 of the Convention.

2 July 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - France - Georgia - Iran, Islamic Republic of - Russian Federation

31 January 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum policy - Expulsion | Countries: Georgia - Russian Federation

13 December 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Right to health | Countries: Belgium - Georgia

19 November 2014 | Judicial Body: Ireland: High Court | Topic(s): Country of origin information (COI) - Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Standard of proof | Countries: Georgia - Ireland

21 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Asylum-seekers - Effective remedy - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Police - Prison or detention conditions - Right to liberty and security | Countries: Georgia - Türkiye

16 October 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to family life - Statelessness | Countries: Georgia - Russian Federation

31 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Freedom from torture, inhuman and degrading treatment - Immigration Detention - Prison or detention conditions - Right to liberty and security | Countries: Georgia - Greece

Article 4 of Protocol No. 4 Prohibition of collective expulsion of aliens - Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007: administrative practice in breach While every State had the right to establish its own immigration policy, problems with managing migration flows could not justify practices incompatible with the State’s obligations under the Convention. The expulsions of Georgian nationals during the period in question had not been carried out following, and on the basis of, a reasonable and objective examination of the particular case of each individual. This amounted to an administrative practice in breach of Article 4 of Protocol No. 4. Article 33 - Inter-State application - Collective expulsion of Georgian nationals by Russian authorities from October 2006 to January 2007 Several other violations found

3 July 2014 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Asylum policy - Expulsion | Countries: Georgia - Russian Federation