EDAL case summaries
Country of Applicant: Kosovo
Keywords: Assessment of facts and circumstances, Family unity (right to), Personal circumstances of applicant, Return
It is necessary to make a proportionality assessment with consideration of both the gravity of the crime committed by the applicant and the interests of society, and the applicant’s individual rights, particularly his right to private and family life under Article 8.
The Federal Administrative Court failed to fully assess the impact that the measure of removal would have on the applicant. The evolution of the applicant's conduct since the occurrence of the crime, the applicant’s deteriorating medical condition, and his social, cultural and...
Date: 09-04-2019
Country of Applicant: Kosovo
Keywords: Access to the labour market, Personal circumstances of applicant, Stateless person
The restriction of the right to reside in a country may entail a violation of Article 8 ECHR, when creating disproportionate effects on the individuals’ private life. States should provide effective and accessible means to protect the right to respect for private and family life.
Date: 26-04-2018
Country of Applicant: Kosovo
Keywords: Cessation of protection, Family unity (right to), Serious non-political crime, Subsidiary Protection
Every country has the right to control the entry and residence of aliens in its territory. Withdrawal of subsidiary protection from individuals convicted of serious crimes and subsequent expulsion does not violate their right to family life under Article 8, when there are alternative means of communication, non-severed cultural ties with the motherland and a reasonable prospect of return after the entry ban expiry.
Date: 25-04-2017
Country of Decision: Slovenia
Country of Applicant: Kosovo, Serbia
Keywords: Family member, Family reunification, Family unity (right to)
Regarding the protection of the right to family life in asylum procedures, same-sex partnerships are in a comparable situation with heterosexual relationships. A distinction between the applicants for international protection based on sexual orientation is not in compliance with the Constitution. Article 16b(1) of IPA, which does not consider persons of a same-sex living in established partnership as family members, is inconsistent with the right to non-discriminatory treatment in the exercise of the right to family life.
Date: 16-06-2016
Country of Decision: Czech Republic
Country of Applicant: Kosovo
Keywords: Best interest of the child, Detention, Family unity (right to), Vulnerable person
The criteria for detention under Article 28(2) of Dublin III Regulation must be assessed against the length and conditions of detention and must be precisely evaluated with regard to the impact on a child. Failure to do so renders the decision to detain unlawful.
Date: 17-06-2015
Country of Decision: France
Country of Applicant: Kosovo
Keywords: Dublin Transfer, Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Reception conditions, Residence document, Responsibility for examining application
In this case there was a serious risk that the Applicants’ asylum claims, which in principle should have been readmitted in Hungary in accordance with the Dublin II Regulation, would not be dealt with by the Hungarian authorities in accordance with all the guarantees required by the respect for the right to asylum. The French authorities therefore needed to grant them a temporary right of residence for asylum-related reasons.
Date: 29-08-2013
Country of Decision: Slovenia
Country of Applicant: Kosovo
Keywords: Material reception conditions
The right to pocket money for an asylum seeker whose placement in a private address is permitted by the Migration Office because of justified reasons is part of the right to dignity. Legislation depriving a person of this right is not in line with the Constitution.
Rules on rights of applicants for international protection (Governmental Decree, Official Gazette no.64/14) determining that financial aid for asylum seekers placed in a private address is to be decreased by 50% might endanger the applicant’s right to human dignity.
Date: 17-01-2013
Country of Decision: Austria
Country of Applicant: Kosovo
Keywords: Individual assessment, Personal circumstances of applicant, Residence document, Return
Contrary to the wording of the corresponding Austrian legislation, an entry ban of at least 18 months which must be issued in every case together with a ban on readmission is not compatible with the Returns Directive without a prior examination on a case-by-case basis.
Date: 15-12-2011
Country of Decision: Hungary
Country of Applicant: Kosovo
Keywords: Persecution Grounds/Reasons, Race, Membership of a particular social group, Actor of persecution or serious harm, Assessment of facts and circumstances, Credibility assessment, Discrimination, Non-state actors/agents of persecution, Previous persecution, Persecution (acts of)
Refugee status was granted to a Kosovar family of Roma origin based on their ethnicity being recognised as a particular social group. The court found that they faced a risk of persecution and that state protection was either unavailable or ineffective.
Date: 05-10-2011
Country of Decision: France
Country of Applicant: Kosovo
Keywords: Dublin Transfer, Responsibility for examining application, Visa
If a Member Sate has issued a visa that enables an applicant to enter its territory and that visa has expired less than six months previously, that Member State is responsible for the examination of the applicant’s asylum application as long as the applicant has not left the territory of the EU Member States. In this case, the visa issued by Slovenian authorities expired only 5 days before the asylum application was made in France. Slovenia was, therefore, the responsible Member State under Art 9(4) Dublin Regulation.
Date: 28-05-2008
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- Family unity (right to) 4
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- Assessment of facts and circumstances 2
- Dublin Transfer 2
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- Access to the labour market 1
- Actor of persecution or serious harm 1
- Best interest of the child 1
- Cessation of protection 1
- Credibility assessment 1
- Detention 1
- Discrimination 1
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- Individual assessment 1
- Inhuman or degrading treatment or punishment 1
- Material reception conditions 1
- Membership of a particular social group 1
- Non-state actors/agents of persecution 1
- Persecution (acts of) 1
- Persecution Grounds/Reasons 1
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