A.E.A. (Sudan) v Greece
ECHR rules on access to procedure in the light of art.3 and 13 of ECHR
When a Sudanese applicant arrived in Greece in 2009, an automatic expulsion order was issued, preventing him from having access to the asylum procedure. His application was finally registered in 2012 but rejected a year later, so he left to France. The Court ruled that the possibility to lodge an asylum application in practice is a prerequisite for the effective protection of those in need of international protection. If access to the asylum procedure is not guaranteed by the national authorities, asylum seekers cannot benefit from the procedural safeguards and can be arrested and placed in detention at any time. Lack of access to the asylum procedure due to the deficiencies in Greek asylum system violated the applicant’s fundamental rights. The fact that he left Greece for France cannot affect the situation.
Access to procedures; Detention/ Alternatives to Detention; Reception/Accommodation;
Council of Europe, European Court of Human Rights [ECHR], A.E.A. (Sudan) v Greece, Application no. 39034/12 , ECLI:CE:ECHR:2018:0315JUD003903412, 15 March 2018. Link redirects to the English summary in the EASO Case Law Database.