Latest News

Slovenia: Constitutional court annuls provision on suspension of asylum procedure*

Monday, October 14, 2019

On 14 October 2019, the Slovenian Constitutional Court published its judgment finding that Article 10b of the Aliens Act, setting out measures of temporary suspension of the right to asylum, was contrary to the principle of non-refoulement.

Italy: Court must provide details of preliminary assessment of real risk present in countries of origin in return decisions

Thursday, October 10, 2019

On 10 October 2019, the first civil section of the Italian Supreme Court published its ruling compelling first and second instance trial judges to cite the country of origin information examined in a cases denying subsidiary protection.

United Kingdom: Applicant with international protection must be provided with appropriate housing under s.193 Housing Act 1996

Friday, October 11, 2019

On 11 October 2019, the High Court of Justice (Administrative) published its judgment concerning the London Borough of Waltham Forest’s (LBWF) unlawful breach of its statutory duty to secure suitable accommodation under section 193 of the Housing Act 1996.

Latest Cases

Country of Decision: Germany , Date of Decision: 14-12-2017

Country of Decision: Germany , Country of Applicant: Syria , Date of Decision: 20-12-2018

Article 8 (1) of the Dublin III Regulation provides for a subjective right to family reunification, both for the applicant himself and for the family members present in the Member State responsible. This right is also justiciable to the extent that denial of transfer affects the rights to family unity and the best interest of an unaccompanied minor.

The expiry of the time limit for the submission of a take charge request pursuant to Article 21 (1) of the Dublin III Regulation, as well as for the submission of a request to review the rejection of a take charge request (so-called "remonstration") pursuant to Article 5 (2) of the Implementing Regulation to the Dublin II Regulation, does not reverse the responsibility back to the requesting Member State if the failure to comply with the time limit cannot be attributed to the applicant and family unity and the best interests of the child take precedence over the procedural rules on time limits.

Due to the paramount importance of the right to family unit and the best interests of the child, the discretion under Article 17(2) of the Dublin III Regulation translates into a legal obligation of the Member State to invoke the sovereignty clause where there are close family ties. Beyond such family ties, no further special relationship or interdependency is required.

Whether a minor is "unaccompanied" within the meaning of Article 2 lit. j of the Dublin III Regulation depends on the domestic law in the Member State where the minor is present. 

Country of Decision: Germany , Country of Applicant: Syria , Keywords: Überstellung nach der Dublin-Verordnung , Date of Decision: 17-07-2019

About EDAL

The European Database of Asylum Law (EDAL) is an online database managed by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 22 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 Stavros Papageorgopoulos (