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

Application for judicial review.

29 January 2008 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Baptist - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Persecution based on political opinion - Religious discrimination - Religious persecution (including forced conversion) - Rule of law / Due process / Procedural fairness | Countries: Australia - Georgia

Application for judicial review.

21 December 2006 | Judicial Body: Australia: Federal Magistrates Court | Topic(s): Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Australia - Georgia

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

26 November 2003 | Judicial Body: Austria: Supreme Administrative Court (Verwaltungsgerichtshof) | Topic(s): Country of origin information (COI) - Credibility assessment - Rule of law / Due process / Procedural fairness | Countries: Austria - Georgia