Latest News


Finland - Supreme Administrative Court - national authorities cannot expect the uncle of an unaccompanied minor to ensure that a child can safely return to his or her family

Date: 
Friday, November 10, 2017

On 10 November 2017, the Supreme Administrative Court of Finland ruled in case KHO:2017:173 regarding the rejection of the asylum application by an Iraqi unaccompanied minor followed by a return order.

Finland - Supreme Administrative Court - being in contact with the family is not in itself a proof that a child will be taken care of upon return

Date: 
Friday, November 10, 2017

On 10 November 2017, the Supreme Administrative Court of Finland ruled in case KHO:2017:172 regarding the return order and two-year entry ban issued to a Moroccan unaccompanied minor after the rejection of his asylum application.

The Supreme Admin

CJEU: Requests for preliminary rulings from the Dutch Council of State

Date: 
Wednesday, October 4, 2017

The Dutch courts have recently submitted two asylum-related requests for preliminary rulings to the Court of Justice of the European Union.

Case C-582/17 H.: On 4 October 2017, the Dutch Council of State referred a question

Latest Cases


Country of Decision: Denmark , Country of Applicant: Eritrea , Keywords: Child Specific Considerations, Dublin Transfer, Inhuman or degrading treatment or punishment, Material reception conditions, Reception conditions, Request that charge be taken, Right to remain pending a decision (Suspensive effect), Vulnerable person , Date of Decision: 30-11-2017

The Refugee Appeals Board reversed the Danish Immigration Service decision to Dublin Transfer a female asylum seeker and her two minor children to Italy. The Board found that a transfer to Italy could amount to a breach of Article 4 of the EU Charter of Fundamental Rights as reception conditions in Italy are subject to certain shortcomings and the asylum seeker and her two minor children were considered to be extremely vulnerable. 

Country of Decision: Denmark , Country of Applicant: Afghanistan , Keywords: Assessment of facts and circumstances, Country of origin information, Internal armed conflict, Internal protection, Non-state actors/agents of persecution, Persecution (acts of), Personal circumstances of applicant, Subsidiary Protection , Date of Decision: 17-01-2017

The applicant, a minor, an Afghan citizen, ethnic Pashtun and a Sunni Muslim from Chahar Dara district in Kunduz Province, feared if returned to Afghanistan he would be killed or forcibly recruited by the Taliban.

The Board notes that the applicant is 15 years old, Pashtun, illiterate and the eldest son of the family where the father was killed in 2015. Further, the Board notes that according to country of origin information it is credible that the Taliban recruits young men and boys in Chahar Dara.

With reference to the applicant being a minor and without a network the Board did not find the internal flight alternative relevant or reasonable.

The Board hereafter found that the applicant had rendered probable that if returned to Afghanistan he would risk suffering serious harm covered by the Danish Aliens Act Art. 7 (2) and granted the applicant subsidiary protection under this article.

Country of Decision: Denmark , Country of Applicant: Jordan , Keywords: Best interest of the child, Child Specific Considerations, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution , Date of Decision: 27-06-2017

The applicant, a Jordanian citizen feared that her eldest daughter who was 17 years old would be forced by the applicant’s in-laws to marry a cousin. The Refugee Appeals Board noted that the daughter had an asylum motive of her own and according to Article 12 of the Convention on the Rights of the Child she had a right to be heard. To ensure a two-tier hearing and adjudication the Board remitted the case to the Danish Immigration Service.

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).