• A third-country national or stateless person who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must be regarded as a ‘minor’ for the purposes of the Family Reunification Directive.

  • This journal entry argues that EU third country agreements violate non-refoulement obligations as defined under international law based on a number of reasons. First, EU third country agreements violate Article 31(1) of the Convention Relating to the Status of Refugees; second when read purposively, violating Article 31(1) would trigger corresponding protection from refoulement, most notably when a violation of Article 31(1) may lead to rejection at the frontier; finally, third country agreements as a form of migration control to deter claimants from reaching the territories of a State, would be both a form of penalisation of refugees’ illegal presence as well as a violation of non-refoulement obligations.

  • The possibility to lodge an asylum application in practice is a prerequisite for the effective protection of those in need of international protection. If access to the asylum procedure is not guaranteed by the national authorities, asylum applicants cannot benefit from the guarantees afforded to those under the asylum procedure

  • Luxembourg is the 22nd country to be added to EDAL. The country profile page gives readers a summary of asylum law and procedures in Luxembourg and the case summary page provides the latest asylum case law from the Luxembourg Administrative Tribunal. 

  • In VC, R (On the Application Of) v SSHD, the Court of Appeal found that the lack of an automatic independent review of immigration detention put mentally ill detainees at a substantial disadvantage. The Court ruled that since mentally ill detainees might lack the ability to initiate a bail application, they are unjustifiably discriminated against.

Latest News

Belgium: Council for Alien Law Litigation rules that Dublin transfers to Greece require a case by case analysis

Friday, June 8, 2018

On 8 June 2018, the Belgian Council for Alien Law Litigation (CALLL) ruled on case no. 205104, which concerned an appeal against a Dublin transfer from Belgium to Greece of an applicant from Palestine. The applicant arrived and lodged an asylum application in Belgium in October 2017. Since he was in possession of a valid visa delivered by Greece, Belgium sent a “take charge” request to Greece on the application of the Dublin III Regulation.

France: Administrative Court of Appeal of Nantes quashes Dublin transfer of Afghan national to Belgium

Friday, June 8, 2018

On 8 June 2018, the Administrative Court of Appeal of Nantes ruled in joined cases nos. 17NT03167 and 17NT03174, which concerned an Afghan national who lodged an asylum application in France after his previous asylum application in Belgium was rejected.

France: Constitutional Council rules that short timeframe to challenge expulsion while detained violates right to an effective remedy

Friday, June 1, 2018

On 1 June 2018, the French Constitutional Council ruled on a request for a priority ruling on constitutionality (question prioritaire de constitutionnalitélodged by the Observatoire international des prisons, the Cimade and Gisti.

Latest Cases

Country of Decision: Denmark , Country of Applicant: Iraq , Keywords: Country of origin information, Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sexual orientation, Well-founded fear , Date of Decision: 06-03-2018

The applicant, an ethnic Kurd and Sunni Muslim from Kirkuk, Iraq, became aware of his sexual orientation when he was 20/22 years of age and has since had relations with several men and during a longer period worked as a prostitute.

The Refugee Appeals Board accepted the applicants account and found that the applicant as a Kurd from Northern Iraq, according to country of origin information, would risk persecution if he was to return to Iraq and live openly as a homosexual. Consequently, the applicant was granted refugee status under the Danish Aliens Act art. 7 (1).

Country of Decision: Denmark , Country of Applicant: Eritrea , Keywords: Child Specific Considerations, First country of asylum, Inhuman or degrading treatment or punishment, Vulnerable person , Date of Decision: 17-04-2018

The complainant, an Eritrean citizen and a single woman with a one-and-a-half-year-old child, filed a complaint against the decision of the Danish Immigration Service to reject her application in accordance with the Danish Aliens Act art. 29 (b) as the Greek authorities had granted her refugee status in Greece, valid until 25 November 2017. The complainant referred to the UNHCR EXCOM-conclusion no. 58/1989.

The Board did not find that the general social and economic conditions for refugees with a residence permit in Greece – although difficult – in itself could lead to the complainant not being referred to Greece as first asylum country. The Board did not find that the complainant as a single mother with a one-and-a-half-year-old child was to be considered quite particularly vulnerable. Consequently, the Refugee Appeals Board found the conditions for using Greece as first country of asylum fulfilled.

Country of Applicant: Afghanistan, Bosnia and Herzegovina, Croatia , Keywords: Acts contrary to the purposes and principles of the UN, Crime against humanity, Exclusion from protection, Family member, Individual assessment, Integration measures, War crimes , Date of Decision: 02-05-2018

The fact that a person has been the subject, in the past, of a decision excluding him from refugee status cannot automatically permit the finding that the mere presence of that person in the territory of the host Member State constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. A case-by-case assessment is necessary before a measure based on grounds of public policy or public security is adopted. This assessment includes weighing the threat against the protection of the rights of EU citizens and their family members.

Similarly, in order to adopt an expulsion decision with due regard to the principle of proportionality, account must be taken of, inter alia, the nature and gravity of the alleged conduct of the individual concerned, the duration and, when appropriate, the legality of his residence in the host Member State, the period of time that has elapsed since that conduct, the individual’s behaviour during that period, the extent to which he currently poses a danger to society, and the solidity of social, cultural and family links with the host Member State.

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).