EDAL case summaries
Country of Decision: Austria
Country of Applicant: Somalia
Keywords: Dependant (Dependent person), Family member, Family unity (right to), Humanitarian considerations, Request to take back, Safe third country, Subsidiary Protection
The rules on safe third countries, according to which applications for international protection in the event of a threatened violation of Art 8 ECHR must not be refused on the basis of formal safety in another country, is to be applied similarly to the Dublin II Regulation. If the Applicant already has subsidiary protection in one Member State, in accordance with the Dublin II Regulation his application in a different State in which his son, who is a minor and entitled to asylum, is living, (in addition to the Applicant’s pregnant wife) must not be refused. On the contrary, this State...
Date: 27-09-2013
Country of Decision: Finland
Country of Applicant: Syria
Keywords: Dependant (Dependent person), Dublin Transfer, Health (right to), Reception conditions, Vulnerable person
The Helsinki Administrative Court considered the Applicant to be particularly vulnerable in relation to Italy due to her health condition, the traumatic experiences in Syria and the country of origin information regarding the asylum system in Italy. She would suffer from serious harm if returned there. The Helsinki Administrative Court returned the case for new processing by the Finnish Immigration Service.
Date: 04-07-2013
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Access to the labour market, Best interest of the child, Child Specific Considerations, Dependant (Dependent person), Dublin Transfer, Family member, Family unity (right to), Reception conditions, Request to take back, Responsibility for examining application, Unaccompanied minor
Even if an unaccompanied minor refugee has entered the country together with a brother (sister) of full age, Art 6 Dublin II Regulation is applicable to the former and within the meaning of the judgment of the CJEU of 06.06.2013, case C-648/11, the relevant country of the asylum application is responsible. With regard to the accompanying brother (sister) of full age, use should be made of the right to assume the examination owing to the family connection in order to avoid a violation of Art 8 ECHR.
Date: 29-06-2013
Country of Decision: Austria
Country of Applicant: Russia
Keywords: Best interest of the child, Dependant (Dependent person), Family member, Family unity (right to)
The Constitutional Court revoked the decision by the Asylum Court, as it violated the right of the Applicant to respect for his family life in accordance with Art 8 of the ECHR. In particular, the reference by the Asylum Court to the possibility of maintaining the relationship with his one-year old child (with asylum status in Austria) by means of modern media (Internet, Skype, telephone,…) was incomprehensible.
Date: 25-02-2013
Country of Decision: Ireland
Country of Applicant: Somalia
Keywords: Dependant (Dependent person), Family member, Family reunification, Refugee Status
A beneficiary of refugee status sought family reunification unsuccessfully for her niece and nephew who she referred to as her own children; who had been orphaned; and whom she was not capable of formally adopting owing to the absence of available procedures in Somalia or where they were living in Ethiopia. The children had attained the age of majority after the Application had been made, but prior to a decision. The Minister refused family reunification on the basis that they were not dependent.
The Applicant was successful in her Judicial Review as the Court found that the...
Date: 22-01-2013
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