As the European Border and Coast Guard Agency (Frontex) does not have the power to assess the merits of decisions to return migrants or their requests for international protection, it cannot be held liable for any damage caused by the return of migrants to Turkey, ruled the General Court of the European Union in a judgment delivered on Wednesday 6 September (case T-600/21).
In 2016, a number of Syrian refugees arrived on the Greek island of Milos before being transferred to the island of Leros, where they expressed their desire to apply for international protection. However, following a joint return operation led by Frontex and Greece, they were transferred to Turkey. From there, they travelled to Iraq, where they have resided ever since.
After an unsuccessful appeal to Frontex’s Fundamental Rights Officer, the Syrian refugees brought a claim before the General Court for compensation, claiming that the European agency had violated the principle of non-refoulement, the prohibition of collective expulsions and the right to asylum. They believe that they would have obtained international protection from the EU because of their nationality and the war in Syria at the time.
In its judgment, the General Court dismissed the action, holding that the conduct of which Frontex was accused could not have directly caused the damage allegedly suffered, namely the expenses incurred by the refugees in Turkey and Iraq and the anguish and suffering associated with their transfer to Turkey.
The European court points out that the European agency provides technical support to the Member States, which alone are competent to assess the merits of return decisions and examine asylum applications. In the court’s view, the refugees in question are therefore wrong to believe that, had it not been for Frontex’s alleged failings, they would not have been illegally returned to Turkey.
See the General Court’s judgment: https://aeur.eu/f/8fu (Original version in French by Mathieu Bion)