Latest News


Referral by Hungarian Metropolitan Administrative and Labour Court to the CJEU, C-369/17

Date: 
Friday, June 16, 2017

The Hungarian Metropolitan Administrative and Labour Court has referred the following question to the CJEU: 

Does it follow from Article 17 (1) b) of the Qualification Directive that a "serious crime" may only be defined based on the punishment ordered for the crime in question by the law of the given Member State and that exclusion from subsidiary protection may only be based on this definition?

 

EDAL would like to thank Zsolt Szekeres, legal officer at the Hungarian Helsinki Committee, for providing us with this information.

UK High Administrative Court: unlawful detention based on Al Chodor and disputed age assessment

Date: 
Monday, July 3, 2017

On 26 May 2017, the UK High Administrative Court ruled on case SS v Secretary of State for the Home Department and Oxfordshire County regarding the detention of an asylum-seeker on the basis of Article 28 of the Dublin III Regulation (risk of absconding) and his disputed age. The applicant is an Afghan national who entered the United Kingdom in September 2015 after having previously applied for asylum in Bulgaria, Hungary and Germany.

France: Administrative Tribunal of Nice on the detention at the Franco-Italian border

Date: 
Thursday, June 15, 2017

On 15 June 2017, the Administrative Tribunal of Nice ruled on a référé-liberté case brought by different French NGOs, such as ANAFE, CIMADE and GISTI, regarding the practice of detention at the French-Italian border.

Latest Cases


Country of Decision: Ireland , Country of Applicant: Myanmar , Keywords: Access to the labour market, Accommodation centre, Delay , Date of Decision: 30-05-2017

This case dealt with the issue that arose from the dissenting judgement of Judge Hogan in the case at the Court of Appeal – that is whether the Irish legislative provision preventing (without limitation) an asylum seeker from seeking, or entering, employment in the period before the final determination of his asylum claim was contrary to the right to work under the Irish Constitution and, if it was, to what extent could an asylum seeker claim the benefit of that right in the Constitution and to what extent could the State legitimately restrict that right.
 

Country of Decision: Italy , Country of Applicant: Unknown , Keywords: Dublin Transfer, Reception conditions, Responsibility for examining application , Date of Decision: 07-07-2016

It is unlawful to transfer an asylum applicant under the Dublin Regulation to a country, in this case Bulgaria, where the reception conditions conflict with Article 4 of the EU Charter of Fundamental Rights.

Country of Decision: Italy , Country of Applicant: Unknown , Keywords: Dublin Transfer, Procedural guarantees, Right to remain pending a decision (Suspensive effect) , Date of Decision: 27-09-2016

Hungary does not guarantee the respect of asylum procedures. The transfer must be halted in accordance with article 3 of the Dublin Regulation (EU) No 604/2013.

The judgment’s motivation must be based on more than one source if others are available.

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).