Latest News


The Netherlands: Council of State rules on Article 1F exclusion and ‘present threat’ in the Citizenship Directive

Date: 
Tuesday, June 16, 2015

The central question considered by the Council of State in this judgment was whether the applicant posed a ‘present threat’ within the meaning of Article 27(2) of the Citizenship Directive.
 

France: Council of State finds that border controls with Italy do not violate the Schengen Agreement

Date: 
Monday, June 29, 2015

Three NGOs urgently challenged an unpublished decision, dated 11 June 2015, of the French Interior Minister in establishing border controls for migrants on the French-Italian border, before the French administrative court, the Council of State.
 

Belgium: President of Labour Court orders FEDASIl to extend material assistance to refused asylum seeker

Date: 
Tuesday, June 23, 2015
This case relates to an Iraqi national who claimed asylum in Belgium in 2011 which was definitively rejected in 2012. He made a second claim for asylum in 2013 which was rejected by the Commissioner General for Refugees and Sateless Persons (CGRS) in 2014 on the basis that his account was contradictory and raised doubts as to the credibility of his fear of persecution from ISIS.

Latest Cases


Land van herkomst: Pakistan , Trefwoorden: Protection, Procedural guarantees, Refugee Status, Subsidiary Protection , Date of Decision: 08-05-2014

The case concerns the interpretation of Directive 2004/83 and clarifies that the Irish legislation requiring seekers of international protection to follow two separate procedural stages: application for refugee status, and in case of refusal, application for subsidiary protection, is not contrary to EU law if the two applications can be introduced at the same time and if the application for subsidiary protection is considered within a reasonable period of time.

The right to good administration includes the right of any person to have his or her affairs handled impartially and within a reasonable period of time.

Land van herkomst: Afghanistan , Date of Decision: 17-07-2014

The CJEU ruled that it had no jurisdiction to answer the questions referred as they concerned the direct interpretation of the provisions of the 1951 Geneva Convention.

Land van herkomst: Russia , Trefwoorden: Medical Reports/Medico-legal Reports, Safe country of origin, Inhuman or degrading treatment or punishment, Refugee Status, Well-founded fear, Race, Serious harm , Date of Decision: 20-01-2014

The case examined the allegations of three applicants of Chechen origin that their deportation to Russia would place them in conditions amounting to inhumane and degrading treatment. Their allegations were based on the general situation of Chechens in Russia as well as on an individual risk of the first applicant because of his documentary work, recording the execution of villagers by the Russian federal troops.

The Court found that the deportation of the applicants to Russia would give rise to a violation of Article 3 (prohibition of torture and of inhuman or degrading treatment) of the European Convention on Human Rights.

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 17 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).