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Iceland
Country of Decision : Iceland
Court Name : IS: Immigration Appeals Board (Kærunefnd útlendingamála)
Date of decision : 09/09/2021
Type : Decision
ECLI :
Case Number/Citation/ Document Symbol : 429/2021

Applicant v Directorate of Immigration [Útlendingastofnun]

Iraq

IS: The Immigration Appeals Board annulled a return to Greece due to the lack of access to healthcare and the applicant's medical condition.

The application for international protection of a national of Iraq was rejected by the Directorate of Immigration with a decision not to consider the application in Iceland and to expel him from the country, on grounds that he was already a beneficiary of protection in Greece. The applicant appealed the decision on grounds that he suffered from serious mental and physical illness as a result of events which he had experienced in his home country and that he would not receive the necessary support and access to health care in Greece. He stated he was expelled from Greece as he was homeless and was not able to find employment. The applicant argued that the Directorate of Immigration did not make an accurate assessment of the situation in Greece and of his vulnerability and provided numerous sources to show the actual situation.

The Immigration Appeals Board considered a number of reports and sources with regards to the situation in Greece, and it noted that during the process of renewal of the residence permit many applicants find themselves in a situation where they have limited access to social assistance, health care and the labour market. Additionally, there are difficulties in accessing medical care due as well to the pressure on the Greek health system due to Covid-19.

In the present case, the applicant is paralyzed below the waist and confined to a wheelchair. The applicant uses a urethra and needs a urine bag. His residence permit had expired in Greece, and he had been granted supplementary protection which he still enjoys. This however counts as an interruption of the applicant’s stay in Greece and would not allow him to demonstrate a seven-year continuous stay, which is necessary to apply for a long-term residence permit. He may therefore experience delays in his access to the services and resources he needs.

The Board noted that the evidence implies that the applicant would receive lower access to services and care and considered that he does not have a support network in Greece. In view of the applicant's individual circumstances, in particular his need for health and social services, the Board concluded that he would receive better care in Iceland, annulled the decision of the Directorate of Immigration and asked to reconsider the case.

Content of Protection/Integration; Medical condition; Return/Removal/Deportation;

Eurodac Regulation (Regulation (EU) No 603/2013 on the establishment of 'Eurodac' for the comparison of fingerprints for the effective application of Regulation (EU) No 604/2013 and on requests for the comparison with Eurodac data by Member States';

EASO IDS

Iceland, Immigration Appeals Board (Kærunefnd útlendingamála), Applicant v Directorate of Immigration [Útlendingastofnun], 429/2021 , 09 September 2021. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2050

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