EDAL case summaries
Country of Decision: Luxembourg
Country of Applicant: Kosovo
Keywords: Safe country of origin
If the applicant comes from a “safe” country, they must be able to prove that there is no protection as understood in the 1951 Geneva Convention, otherwise his application will be rejected.
Date: 16-06-2017
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: Slovenia
Country of Applicant: Kosovo
Keywords: Membership of a particular social group, Non-state actors/agents of persecution, Previous persecution, Protection, Sexual orientation
An applicant from Kosovo claimed persecution due to his homosexuality. His application was rejected. The Administrative Court dismissed the action, but the Supreme court annulled the judgement and returned the case to the new procedure. An act of persecution does not depend on the applicant reporting persecution (in this case rape) to the police of their country of origin.
Date: 09-03-2016
Country of Decision: France
Country of Applicant: Kosovo
Keywords: Effective access to procedures, Personal interview, Procedural guarantees, Relevant Documentation, Relevant Facts, Subsequent application
A subsequent application is not admissible unless the interested party presents new facts or elements relating to his personnel situation or to the situation in his country of origin, out of which he could not have had knowledge of previously, and likely, if they have probative value, to modify the appreciation of the legitimacy or the credibility of the application of the interested party.
The director general of OFPRA was right to find that the elements that the applicants presented before him did not significantly increase the probability that they would meet the qualifying...
Date: 07-01-2016
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, Effective access to procedures, Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid
Hungary’s practice of not suspending its deportation procedures for second time asylum applicants amounts to a serious and unlawful interference with an applicant’s constitutionally guaranteed right to apply for refugee status.
Date: 06-10-2014
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: Sweden
Country of Applicant: Kosovo
Keywords: Best interest of the child, Humanitarian considerations, Medical Reports/Medico-legal Reports
A child with life-threatening leukaemia was granted leave to remain together with his parents on the grounds of particularly distressing circumstances. A time limit was set on the leave to remain as the need for advanced care and treatment was assessed to be temporary.
Date: 22-03-2013
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
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