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Country of Decision: Luxembourg
Country of Applicant: Iraq
Keywords: Health (right to), Inadmissible application, Non-refoulement, Real risk, Responsibility for examining application, Subsidiary Protection
An authority examining an application for international protection by an individual already holding protection status in another Member Statemust check whether the protection of fundamental rights is systematically guaranteed by the country already providing international protection. This especially concerns applicants who are entirely dependent on public aid, and, in particular, on the public health system of the country providing them protection.
Date: 06-11-2019
Country of Applicant: Iraq
The CJEU ruled on the scope of the right to an effective remedy provided for in Article 39 of the Asylum Procedures Directive and in Article 13 of the Returns Directive.
Date: 26-09-2018
Country of Decision: Italy
Country of Applicant: Iraq
Keywords: Credibility assessment, Effective access to procedures, Effective remedy (right to), Inadmissible application
In the absence of EU rules concerning the procedural requirements with regard to the submission and examination of an application for international protection, Member States must determine those requirements provided that they do not render in practice impossible or excessively difficult the exercise of the right to seek asylum.
Date: 18-09-2018
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Dependant (Dependent person), Family reunification, Relevant Documentation, Relevant Facts, Visa
A birth certificate is not a decision within the meaning of paragraph 108 FamFG. As a child grows older the need of beeing looked after by both its parents decreases. There is no necessity for interim order in the case of family reunification, when the child is about to come of age, as the right to subsequent immigration is not lost upon the child’s coming of age according to the CJEU.
Date: 04-09-2018
Country of Decision: Denmark
Country of Applicant: Iraq
Keywords: Country of origin information, Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sexual orientation, Well-founded fear
The applicant, an ethnic Kurd and Sunni Muslim from Kirkuk, Iraq, became aware of his sexual orientation when he was 20/22 years of age and has since had relations with several men and during a longer period worked as a prostitute.
The Refugee Appeals Board accepted the applicants account and found that the applicant as a Kurd from Northern Iraq, according to country of origin information, would risk persecution if he was to return to Iraq and live openly as a homosexual. Consequently, the applicant was granted refugee status under the Danish Aliens Act art. 7 (1).
Date: 06-03-2018
Country of Applicant: Iraq, Morocco, Syria
Keywords: Best interest of the child, Detention, Reception conditions, Unaccompanied minor
The detention conditions, to which the applicants had been subjected to in police stations, while being under protective custody as unaccompanied minors, violated Article 3 ECHR. Violation of Article 3 in conjunction with Article 13 on account of the applicants’ inability to bring a complaint against the detention conditions.
Their placement in protective custody was an unlawful detention measure under Article 5, as there were no time limits, no vulnerability assessment and no consideration of this form of custody as one of last resort. The applicants had no possibility to...
Date: 28-02-2018
Country of Decision: Switzerland
Country of Applicant: Iraq
Keywords: Delay, Dublin Transfer, Request that charge be taken, Responsibility for examining application
The Federal Administrative Court changed its jurisprudence concerning those competence provisions of the Dublin-III-Regulation that can be challenged with a complaint against a decision not to take charge. The Court follows the approach taken by the CJEU in Ghezelbash (C-63/15) and Mengesteab (C-670/16) and allows complaints based on missing the term to request another Member State to take charge (Article 21(1) Dublin-III-Regulation). If successful, the Member State responsible for requesting to take charge will, itself, be in charge to deal with the asylum application...
Date: 21-12-2017
Country of Applicant: Iraq
Keywords: Child Specific Considerations, Credibility assessment, Detention, Effective remedy (right to), Inhuman or degrading treatment or punishment
The ECtHR reviewed if the detention of a family with three children in a border police’s detention facility would be considered as a breach of Article 3 ECHR.
Date: 07-12-2017
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Delay, Effective access to procedures, Procedural guarantees
Concerning the criteria of “filing the application” in § 75 S. 2 VwGO, the informal request for asylum according to § 13 AsylG must be taken into consideration as the relevant date and not the formal lodging of the application according to § 14 AsylG when the Federal Office fails to provide an opportunity to lodge an application. Otherwise, the work overload that the Federal Office is facing, would be a detriment for the applicant, both concerning the scheduling for the formal application and concerning the examination of the application.
Date: 06-11-2017
Country of Decision: Austria
Country of Applicant: Iraq
Keywords: Legal assistance / Legal representation / Legal aid, Procedural guarantees, Unaccompanied minor
Unaccompanied minor asylum seekers must always be provided with a legal representative. The transfer of custody by administrative bodies and not by a Court is not sufficient. Thus, the first-instance decision rejecting the asylum application of an Iraqi minor is invalid.
Date: 30-08-2017
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- Subsidiary Protection 35
- Individual threat 19
- Indiscriminate violence 18
- Internal armed conflict 18
- Detention 17
- Inhuman or degrading treatment or punishment 17
- Internal protection 17
- Credibility assessment 16
- Persecution Grounds/Reasons 16
- Serious harm 16
- Membership of a particular social group 14
- Real risk 13
- Assessment of facts and circumstances 12
- Procedural guarantees 12
- Country of origin information 11
- Dublin Transfer 11
- Effective remedy (right to) 11
- Effective access to procedures 10
- Non-state actors/agents of persecution 10
- Unaccompanied minor 10
- Religion 9
- Well-founded fear 9
- Personal circumstances of applicant 8
- Refugee Status 7
- Relevant Documentation 7
- Responsibility for examining application 7
- Standard of proof 7
- Armed conflict 6
- Exclusion from protection 6
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- Best interest of the child 5
- Child Specific Considerations 5
- Non-refoulement 5
- Relevant Facts 5
- Burden of proof 4
- Circumstances ceased to exist 4
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- International armed conflict 1
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- Safe country of origin 1
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- Torture 1
- Withdrawal of protection application 1
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