Latest News


Italy: Council of State suspends a Dublin transfer to Bulgaria due to deficiencies in the Bulgarian asylum system

Date: 
Friday, November 3, 2017

On 3 November 2017, the Italian Council of State suspended the Dublin transfer of an Afghan national from Italy to Bulgaria. The applicant had previously appealed against the transfer decision before the Regional Administrative Court of Lazio, without success.

UK Upper Tribunal rules on the benefit of the doubt in age assessment cases

Date: 
Saturday, November 11, 2017

On 11 November 2017, the UK Upper Tribunal (Immigration and Asylum Chamber) ruled in case AS, R (on the application of) v. Kent County Council, which concerned the application of the principle of the benefit of the doubt in age assessment cases. The case concerned an Afghan national who fled his country of origin after his father was kidnapped and killed by the Taliban.

Ireland: Court of Appeal rules that applicant was not afforded a fair procedure by the Refugee Appeals Tribunal

Date: 
Wednesday, November 15, 2017

On 15 November 2017, the Irish Court of Appeal ruled in case BW v. Refugee Appeals Tribunal & Others, which concerned a Nigerian woman who arrived in Ireland in 2007 and who applied for asylum in September 2011 following her arrest for failure to produce documentation.

Latest Cases


Keywords: Dublin Transfer , Date of Decision: 06-09-2017

The Court of Justice of the European Union rejected the actions brought by Hungary and Slovakia seeking the annulment of the so-called “Relocation Decision”.

Country of Applicant: Egypt, Syria , Keywords: Accommodation centre, Dublin Transfer, Health (right to), Individual assessment, Medical Reports/Medico-legal Reports, Reception conditions, Request that charge be taken, Vulnerable person , Date of Decision: 16-02-2017

Even where there are no substantial grounds for believing that there are systemic flaws in the Member State responsible, a Dublin transfer can only be carried out in conditions which exclude the possibility that that transfer might result in a real and proven risk of the person concerned suffering inhuman or degrading treatment within the meaning of Article 4 CFR EU.

If there is a real and proven risk that the state of health of an applicant who suffers from a serious mental or physical illness would significantly and permanently deteriorate, that transfer would constitute a violation of Article 4 CFR EU.

It is for the courts and authorities of the requesting Member State to eliminate any serious doubts concerning the impact of the transfer on the health of the person concerned by taking all necessary precaution. If the taking of precautions is not sufficient, it is for the authorities of the Member State concerned to suspend the execution of the transfer for as long as the applicant’s conditions render him unfit for transfer.

Member States may choose to conduct its own examination of that person’s application by making use of the “discretionary clause” laid down in Article 17(1) DRIII, but is not required to do so.

Country of Decision: Denmark , Country of Applicant: Somalia , Keywords: Child Specific Considerations, Country of origin information, Credibility assessment, Gender Based Persecution, Refugee Status, Refugee sur place, Revocation of protection status, Subsidiary Protection , Date of Decision: 19-06-2017

The applicant is an ethnic Somali and a Sunni Muslim belonging to the Bon Clan from Mesegawayn in the Galgaduud Region, Somalia. The applicant was originally in 2014 granted subsidiary protection by the Danish Immigration Service under the Danish Aliens Act Art. 7 (2). In February 2017, the Danish Immigration Service revoked the applicant’s temporary protection.

The account of the applicant regarding his original application was rejected by the Board due to a lack of credibility.

The majority of the Board found probable that the applicant’s daughter if returned to Somalia would be at risk of forced circumcision.

As the primary applicant, the child was granted refugee status under the Danish Aliens Act Art. 7 (1). Consequently, the cohabiting parents were granted refugee status under the Danish Aliens Act Art. 7 (1) with reference to the UNHCR Guidelines on International Protection: Child Asylum Claims under Articles 1 (A) 2 and 1 (F) of the 1951 Convention and/or the 1967 Protocol relating to the Status of Refugees, published on 22 December 2009 para. 9.

About EDAL


The European Database of Asylum Law (EDAL) is an online database co-ordinated by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 20 European states, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The summaries are published in English and in the relevant state’s national language.

For more information please see here.

If you are interested in contributing an article on a relevant subject to the EDAL blog or would like to inform us about an important national judgment, please kindly send an email to Amanda Taylor (ataylor@ecre.org) or Julia Zelvenska (jzelvenska@ecre.org).