Latest News

Switzerland: Application for refugee status must be reconsidered in light of new evidence relating to applicant’s relatives

Tuesday, March 24, 2020

On 24 March 2020, the Federal Administrative Court published its judgment in case A. v State Secretariat for Migration (D-1003/2020). 

Italy: Recognition of humanitarian protection due to the deterioration of the quality of life in Ukraine

Tuesday, January 14, 2020

The Court of Appeal of Bologna (Italy) recently granted humanitarian protection to a Ukrainian citizen from the Ternopil region, in the light of the deterioration of the quality of life in the country due to the ongoing conflict in the Donbas region.

CJEU: Request for preliminary ruling (the Netherlands) concerning new elements or findings in asylum applications

Friday, April 10, 2020

The Rechtbank Den Haag, zittingsplaats’s-Hertogenbosch (the Netherlands) recently requested a preliminary ruling from the CJEU on the interpretation of new elements or findings in subsequent asylum applications (C-921/19). The following questions are referred:

Latest Cases

Country of Decision: Poland , Country of Applicant: Russia (Chechnya) , Keywords: Individual assessment, Inhuman or degrading treatment or punishment, Non-refoulement, Return , Date of Decision: 05-11-2019

Country of Applicant: Afghanistan, Iran , Keywords: Accommodation centre, Detention, Inadmissible application, Material reception conditions, Reception conditions, Return, Safe third country, Subsequent application , Date of Decision: 14-05-2020

1. A change of the destination country in a return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy in compliance with Article 47 CFREU.

2. The national legislation providing for a safe transit country ground applicable in the present case is contrary to EU law.

3. The obligation imposed on a third-country national to remain permanently in a closed and limited transit zone, within which their movement is limited and monitored, and which the latter cannot legally leave voluntarily, in any direction whatsoever, constitutes a deprivation of liberty, characterised as "detention" within the meaning of the Reception Conditions (RCD) and Returns Directives (RD).

4. Neither the RCD nor Article 43 of the Asylum Procedures Directive authorise detention in transit zones for a period exceeding four weeks.

5. Detention under the RCD and the RD must comply with the relevant guarantees under EU law including being based on a reasoned detention decision; consisting of a measure of last resort, following an individualised assessment of the case, its necessity and proportionality; and effective judicial review should be available. An applicant for international protection cannot be held in detention solely on the ground that they cannot support themselves. Where detention is found to contravene EU law, domestic courts may release the applicant and order the authorities to provide accommodation in line with the RCD provisions. They are empowered to do so, even if they have no clear jurisdiction under national law.

Country of Applicant: Syria , Keywords: Effective access to procedures, Humanitarian considerations, Return , Date of Decision: 05-05-2020

Not all cases with an international element can establish jurisdiction under the Convention; an assessment of exceptional circumstances on the basis of the specific facts of each case is required.

The applicants do not have any connecting links with Belgium and their sole presence in the premises of the Belgian Embassy in Lebanon cannot establish jurisdiction, as they were never under the de facto control of Belgian diplomatic or consular agents. Jurisdiction under Article 1 ECHR cannot be established solely on the basis of an administrative procedure initiated by private individuals outside the territory of the chosen state, without them having any connection with that State, nor any treaty obligation compelling them to choose that state.

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 (