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CJEU: C-652/16 Ahmedbekova - Request for a preliminary ruling from the Administrative Court of Sofia (Bulgaria), lodged on 19 December 2016

Monday, December 19, 2016

The Bulgarian Administrative Court of Sofia has referred preliminary questions to the CJEU in case C-652/16 Ahmedbekova concerning the interpretation of Article 4 of the recast Qualification Directive (rQD) and the assessment of applications for internat

ECtHR Communicated case: C.A. and P.A. against Sweden (no. 75348/16), communicated on 2 March 2017

Thursday, March 2, 2017

On 2 March 2017, the ECtHR communicated case C.A. and P.A. v. Sweden (no. 75348/16), which relates to a pending transfer under the Dublin III Regulation from Sweden to Italy of two Nigerian nationals (a mother and her underage daughter) who claimed being victims of human trafficking and prostitution in Italy. The applicants applied for asylum in Sweden on 20 December 2015.

UK: Court of Appeal confirms that unaccompanied minor cases must be determined as “an issue of objective fact”.

Thursday, March 9, 2017

On 9 March 2017, the UK Court of Appeal in case Ali, R (on the application of) v The Secretary of State for the Home Department & Ano [EWCA Civ 138] dismissed an appeal by the Secretary of State against a High Court decision of 11 May 2016, which had found unlawful the

Latest Cases

Country of Decision: Germany , Country of Applicant: Eritrea , Keywords: Delay, Dublin Transfer, Effective remedy (right to), Request that charge be taken, Responsibility for examining application, Right to remain pending a decision (Suspensive effect) , Date of Decision: 22-12-2016

Request to the European Court of Justice for a preliminary ruling in the following issues:

1.       Transfer of responsibility to the requesting member state under the Dublin Regulations due to procedural delay

2.        Interlinked to this question is whether the plaintiff has a right to request a change of Member State’s responsibility.

3.        Additional questions concern compliance with the Dublin Regulations and its correct implementation, primarily                      relating to the point at which an application for international protection is deemed to be filed.

Country of Applicant: Bangladesh , Keywords: Accelerated procedure, Detention, Dublin Transfer, Effective access to procedures, Effective remedy (right to), Indirect refoulement, Inhuman or degrading treatment or punishment, Non-refoulement, Procedural guarantees, Safe third country , Date of Decision: 14-03-2017

The procedure applied by the Hungarian authorities in considering Serbia a ‘Safe Third Country’ was not appropriate to provide the necessary protection against a real risk of inhuman and degrading treatment. The schematic reference to the Hungarian Government’s list of safe third countries and disregard of country reports by reputable international organisations imposed an unfair and excessive burden of proof on the applicants, breaching the effective procedural guarantees provided for in Article 3 and subjecting them to inhuman or degrading treatment due to a possible “chain-refoulement” to Greece.

The applicants’ confinement for more than three weeks in a guarded compound (Röszke transit zone) which could not be accessed from the outside amounted to a de facto deprivation of their liberty. The detention did not have a precise legal basis, which made it impossible for the applicants to initiate a proceeding contesting the lawfulness of the detention. 

Country of Decision: Hungary , Country of Applicant: Pakistan , Keywords: Effective access to procedures, Effective remedy (right to), Procedural guarantees, Safe third country , Date of Decision: 05-12-2016

Asylum authority’s decision regarding the application of the safe third country principle quashed. The Court pointed out that the application of the STC principle is ‘absolutely unacceptable.’

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 19 EU Member 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 Member 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 ( or Julia Zelvenska (