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EDAL case summaries

Hungary - Budapest Court of Public Administration and Labour, 22 September 2017, 5.K.32.170/2017/9

Country of Decision: Hungary
Country of Applicant: Egypt
Keywords: Child Specific Considerations, Non-state actors/agents of persecution, Persecution (acts of), Protection, Real risk, Refugee Status, Relevant Facts, Religion, Well-founded fear

The Immigration and Asylum Office unlawfully rejected the claimant’s application for international protection. The court found that the authorities did not objectively assess the evidence and country information provided by the claimant, a Coptic Christian from Egypt. They also failed to correctly interpret the definition of a refugee in accordance with international law and disregarded the special status of the claimant who was an underage applicant.
Date: 22-09-2017

CJEU - C-578/16 PPU, C.K. and others

Country of Applicant: Egypt, Syria
Keywords: Accommodation centre, Dublin Transfer, Health (right to), Individual assessment, Medical Reports/Medico-legal Reports, Reception conditions, Request that charge be taken, Vulnerable person

Even where there are no substantial grounds for believing that there are systemic flaws in the Member State responsible, a Dublin transfer can only be carried out in conditions which exclude the possibility that that transfer might result in a real and proven risk of the person concerned suffering inhuman or degrading treatment within the meaning of Article 4 CFR EU.

If there is a real and proven risk that the state of health of an applicant who suffers from a serious mental or physical illness would significantly and permanently deteriorate,...
Date: 16-02-2017

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