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A Syrian refugee has lost a landmark case against the EU’s border protection agency, Frontex, after he and his family were forcibly deported from Greece before his asylum application was processed.
The ruling is seen as a major blow to efforts to make the operations of Frontex in Greece and other countries more transparent and accountable to the member states who employ them.
The Syrian man and his wife and four small children made the perilous journey via people-smugglers from war-torn Aleppo to Greece in 2016, but 11 days after making landfall they were flown to Turkey by Frontex.
The European Court of Justice dismissed his claim, noting that Frontex was not an agency responsible for asylum processes.
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“Since Frontex does not have the power to assess the merits of return decisions or applications for international protection, that EU agency cannot be held liable for any damage related to the return of those refugees to Türkiye,” the court in Luxembourg ruled.
In 2016, the man and his family of young children ranging from one year old to seven years old, arrived by boat on the Greek island of Milos. After they were transferred to the island of Leros, they expressed their desire to lodge an application for international protection.
However, following a joint return operation carried out by the European Border and Coast Guard Agency (Frontex) and Greece, they were transferred to Turkey. From there, they went to Iraq, where they have resided ever since, the court noted.
His case was brought by the Amsterdam lawyers Prakken d’Oliveira and supported by the Dutch Council for Refugees, the campaign group BKB, Sea-Watch Legal Aid Fund and Jungle Minds, a business innovation studio.
They said he had been a victim of a “pushback” by the Greeks and alleged that Frontex had both breached the rules on asylum procedures and violated children’s rights by separating the man and his wife from their family, including a one-year-old baby, during their flight to Turkey.
On his behalf they sought €96,000 in respect of material damage and €40,000 in respect of non-material damage, on account of Frontex’s alleged unlawful conduct before, during and after the return operation.
They took three years to get the documentary evidence of what happened from Frontex.
The court, however, ruled Frontex’s task was to provide only technical and operational support to the member states.
“It is the member states alone that are competent to assess the merits of return decisions and to examine applications for international protection,” it said in a statement.
Lisa-Marie Komp, a lawyer with Prakken d’Oliveira, said the case was very significant even if the refugee lost his claim, as it exposed an “accountability gap” at Frontex.
“This will bring to view an accountability gap, in which Frontex cannot effectively be held to account for its actions. If this is the case, political action is needed,” she said.
She said: “The EU’s institutions as well as the member states should be appalled by the prospect of what is going on and call a stop to it.
“It should also take responsibility and ensure pushbacks do not happen. However, up to now pushbacks have been tolerated. This should no longer be the case in a union based on the rule of law.”
“Frontex is an agency with great power over the lives of individuals. Power should always be accompanied by accountability,” she added. – Guardian