Latest News


UK: High Court declares Dublin transfer to Hungary unlawful

Date: 
Friday, August 5, 2016

On 5 August 2016, the High Court ruled in Ibrahimi & Abasi v SSHD [2016] EWHC 2048 (Admin) regarding the Dublin transfer of two Iranian nationals to Hungary.
 
The Secretary of State for the Home Department had rejected their asylum applications pursu

Netherlands: District Court ruling on the internal protection alternative in Iraq

Date: 
Tuesday, July 26, 2016

On 26 July 2016, the District Court of The Hague ruled on the internal protection alternative of two Sunni Iraqi nationals in Baghdad.
 
The applicants are from the city Falluyah in the district of Al Anbar, Iraq.

Austria: Constitutional Court rules Dublin transfer of vulnerable asylum seekers to Italy without individual guarantees regarding their reception conditions unlawful

Date: 
Thursday, June 30, 2016

On 30 June 2016, the Austrian Constitutional Court ruled upon the requirement of individual guarantees regarding the Dublin transfers of vulnerable asylum seekers to Italy. The case relates to four Syrian nationals, a father and his three underage children.

Latest Cases


Country of Decision: Hungary , Country of Applicant: Iraq , Keywords: Detention, Non-refoulement, Persecution (acts of), Return, Safe country of origin , Date of Decision: 13-11-2015

The Iraqi Kurdish Applicant was placed in immigration detention, while waiting for the recipient statement of the Serbian authority on the basis of the readmission agreement. After the Serbian authority rejected the deportation towards Serbia, the OIN modified its decision regarding deportation towards the place of origin, to Iraq and prolonged the immigration detention of the Applicant.

The Court ruled that deportation towards Iraq cannot be carried out because of the prohibition of non-refoulement and terminated the immigration detention of the Applicant.

Country of Decision: Hungary , Country of Applicant: Egypt , Keywords: Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Procedural guarantees, Subsidiary Protection, Vulnerable person , Date of Decision: 06-03-2015

This case examines the refusal to grant international protection status to a physically disabled, single Egyptian woman. The OIN failed to provide clear, detailed reasoning why the Applicant did not meet the legal conditions to acquire subsidiary protection status in Hungary.

The Metropolitan Court of Public Administration and Labour granted subsidiary protection status to the Applicant and concluded that based on cumulative grounds the Applicant would be subject to torture, cruel, inhuman or degrading treatment or punishment if she returned to Egypt.

Country of Decision: Hungary , Country of Applicant: Nigeria , Keywords: Credibility assessment, Refugee Status , Date of Decision: 27-05-2014

In the case of the Nigerian asylum-seeker, the Court found the objection of the OIN unfounded, repealed its decision and ordered the OIN to conduct a new procedure.

The Court emphasised that the contradictions which were encountered by the OIN were irrelevant regarding the applicant’s flight testimony, therefore the applicant can be considered credible.

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 (ataylor@ecre.org) or Julia Zelvenska (jzelvenska@ecre.org).