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 Applicant: United States , Keywords: Access to the labour market, Best interest of the child, Detention, Discrimination, Family member, Family reunification, Family unity (right to), Obligation/Duty to cooperate, Religion, Visa , Date of Decision: 12-02-2009

The applicant was expelled from Russia on the basis of his religious activities and separated from his infant son as a result. While Russia attempted to justify this on the ground of national security, the Court held that sufficient evidence was not provided and that Articles 5, 8, 9 and 38 of the Convention and Article 1 of Protocol No. 7 had been violated.

Country of Applicant: Malawi, Philippines, United Kingdom , Keywords: Discrimination, Effective remedy (right to), Family member, Family reunification, Family unity (right to), Nationality, Race , Date of Decision: 28-05-1985

The ECtHR held that the 1980 UK Immigration Rules breached ECHR Article 14 taken together with Article 8 as they discriminated on the ground of sex against three female applicants settled in the UK who wished to be joined by their spouses. It was easier for men settled in the UK to be joined by a non-national spouse than women but no objective and reasonable justification was found for this difference of treatment.

The European Court of Human Rights found that there had been a violation of Article 5(1) ECHR through the unlawful detention of two Libyan nationals by the Polish authorities after the expiration of an expulsion order due to be executed within 90 days.  

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).