Latest News


Finland: Administrative Court had to give the applicant the opportunity to be heard to explain why he had not disclosed his sexual orientation in the interview

Date: 
Friday, September 22, 2017

On 22 September 2017, the Supreme Administrative Court of Finland ruled on a case regarding an Iraqi applicant who applied for asylum in Finland after receiving threats from extremist Islamists due to his musical career and liberal lifestyle.

Italy: Appeals lodged before the entry into force of new Asylum Law have automatic suspensive effect

Date: 
Thursday, July 27, 2017

On 27 July 2017, the Italian Court of Cassation ruled that the expulsion of an asylum seeker, pending the second instance appeal proceedings against the rejection of the asylum claim, is unlawful. The case concerned an asylum seeker who entered Italy irregularly and applied for international protection, but whose claim was rejected by the Territorial Commission.

France: Administrative Court of Appeal of Douai on margin of error of bone tests to determine applicant’s age

Date: 
Tuesday, September 19, 2017

On 19 September 2017, the Administrative Court of Appeal of Douai ruled on a case regarding a Congolese unaccompanied minor who applied for asylum in France and, after having his asylum application rejected, received an order to leave the territory.

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Latest Cases


Country of Decision: Greece , Country of Applicant: Syria , Keywords: Safe third country , Date of Decision: 29-09-2017

Transit through a third country cannot be considered a sufficient connection for the purposes of the “safe third country” concept on the sole reason that the country is located in proximity to the country of origin. Other conditions, such as the length of stay or the existence of a supporting network, need to be present for such a connection to exist.

Country of Decision: Germany , Country of Applicant: Pakistan , Keywords: Detention , Date of Decision: 26-06-2014

Section 62 subsection 3 first sentence No. 5 of the German Act of the Residence, Economic Activity and Integration of Foreigners in the Federal Territory (Residence Act) does not comply with the requirements in Art. 2(n) Dublin III Regulation No 604/2013 which defines ‘risk of absconding’ as the existence of reasons in an individual case, which are based on objective criteria defined by law. Section 62 subsection 3 first sentence No. 5 of the Residence Act names ‘risk of absconding’ as a reason for detention but lacks the required objective criteria to determine the existence of the ‘risk of absconding’. Therefore according to the current legal situation in Germany detention in order to ensure the transfer as per Art. 28 Dublin III Regulation No 604/2013 cannot be based on the detention reason ‘risk of absconding’.

The detention reasons named in Section 62 subsection 3 first sentence No. 2 and No. 3 of the Residence Act comply with the requirements in Art. 2(n) Dublin III Regulation No 604/2013. Detention in order to ensure the transfer as per Art. 28 Dublin III Regulation No 604/2013 can be based on these provisions.

Country of Decision: Germany , Country of Applicant: Somalia , Keywords: Dublin Transfer, Material reception conditions, Reception conditions, Vulnerable person , Date of Decision: 12-10-2016

A Dublin Transfer to Italy should be prevented when the person concerned is a vulnerable person as per in Article 3 (2) Dublin III Regulation.

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).