• The European Court of Human Rights has found that removal of Uzbek/Tajik nationals from Russia would violate Article 3 ECHR, due to the two countries' unimproved criminal justice system and lack of convincing assurances by the two governments.

     

  • The Court of Justice has found that for a subsidiary protection beneficiary’s action to be deemed inadmissible due to lack of sufficient interest, the rights and benefits granted must indeed be the same as those the applicant would enjoy if they held refugee status, even if the difference only encompasses ancillary rights.

  • The Court of Justice of the EU found that there is no explicit obligation for Member States to issue a decision on their own responsibility under Dublin III, nor a requirement for reviewing authorities to examine Dublin considerations ex proprio motu.

     

     

  • The Court of Justice of the European Union has delivered its judgment on a preliminary ruling concerning the correct processing of applications for international protection lodged separately by family members and the interrelationship between them.

  • The Court of Appeal recently ruled that the detention of foreign nationals pending their removal under Dublin III was unlawful due to lack of a definition for risk of absconding in domestic law, with damages being the appropriate form of remedy.

     

Latest News


The Netherlands – The Hague Court decides on suspensory effect of appeal against rejection of asylum request

Date: 
Wednesday, October 10, 2018

On 10 October, the District Court of The Hague ruled in a case concerning the application for provisional measures pending the decision on an appeal against the rejection of an asylum claim.

The case concerned an Algerian national who was refus

Finland – Supreme Court decides on minor returns and the duty of authorities to conduct safety assessment

Date: 
Tuesday, October 23, 2018

On 23 October, the Finish Supreme Court ruled on the possibility to return an unaccompanied minor to Iraq, where his family resided.

The Finnish Immigration Service had rejected the minor’s application for international protect

The Netherlands – The Hague Court rules in a case of a Ukrainian national of Roma background

Date: 
Wednesday, October 10, 2018

On 10 October, The Hague Court in the Netherlands ruled on a case concerning the safety of a Roma applicant in Ukraine.

The case concerned a Roma woman of Ukrainian nationality, claiming that she was facing difficulties in Ukraine due to her et

Latest Cases


Country of Decision: Spain , Keywords: Dublin Transfer, Procedural guarantees , Date of Decision: 09-07-2018

The Administrative Chamber of the Spanish Supreme Court established that Spain is bound by two Council Decisions of May and September 2015 establishing an EU Emergency Relocation Mechanism aimed at distributing a number of refugees that have arrived to Italy and Greece.

Country of Decision: Italy , Keywords: Effective access to procedures , Date of Decision: 22-06-2018

The case deals with the illegitimacy of denying the registration of an international protection request on the basis of the request being issued before a non-competent authority and lacking the criterion of “autonomous accommodation”.

Country of Decision: Italy , Country of Applicant: Afghanistan , Keywords: Dublin Transfer, Inhuman or degrading treatment or punishment, Return , Date of Decision: 19-10-2017

Sending countries are under the obligation not to transfer any individual to another country if any reasonable doubt regarding systemic flaws in the asylum procedure and in the reception conditions for applicants in that Member State arises. The mere assumption that the country will comply with its obligations under international and European law is not sufficient and the sending country is under the obligation to comply with the precautionary principle and not allow the transfer.

About EDAL


The European Database of Asylum Law (EDAL) is an online database managed by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 22 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).