Odysseus Academic Network for Legal Studies on Immigration and Asylum in Europe’s Post

Earlier this week, on 15th October 2024, the Strasbourg Court published the judgement H.T. v Germany and Greece, which concerns the hasty removal of an asylum seeker without properly assessing his arguments to Greece, based on a bilateral administrative agreement between the two countries. The Court's judgment concerns the importance of procedural safeguards when removing applicants to third countries and of the judicial review of immigration detention.    The Court confirmed that...   ❗ When removing an asylum-seeker to a third county, regardless of whether the third country is a member of the EU or not, authorities must examine thoroughly the accessibility of the receiving countries asylum system and the risks that a removal would entail.   ❗A bilateral agreement does not constitute a solid basis for general assumptions of safety and accessibility of the receiving country's asylum system.   ❗In light of available public material on the conditions in Greece, the German authorities ought to have known about the shortcomings of the Greek reception system.   ❗A hasty removal without access to a lawyer, an interpreter, and a removal order which is not in a language the person will understand renders any available remedy ineffective.   ❗National courts mandated with reviewing detention cannot disregard concrete facts that are brought forward by the applicant during a review.   We submitted a third party intervention in 2020 together with our colleagues from the The AIRE Centre and European Council on Refugees and Exiles (ECRE) and are happy to see that the Strasbourg Court concurred with our interpretation of applicable law on these points. Find the full judgement here: https://lnkd.in/erGUpfnt   Find our full third party intervention here: https://lnkd.in/eDrj8Ty9 The AIRE Centre European Council on Refugees and Exiles (ECRE) VluchtelingenWerk Nederland