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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 Decision: Luxembourg
Country of Applicant: Iraq
Keywords: Internal armed conflict, Subsidiary Protection
The situation in Iraq may be considered as being an internal armed conflict thus justifying the grant of subsidiary protection.
Date: 14-07-2017
Country of Decision: Luxembourg
Country of Applicant: Iraq
Keywords: Subsidiary Protection
On top of the usual conditions, the tribunal takes into consideration climate conditions and the consequences on the population in its examination of a subsidiary protection application.
Date: 11-07-2017
Country of Decision: Luxembourg
Keywords: Family member, Family reunification
Material dependency is a sign of the dependency of a family member on the applicant and it can be established in many different ways.
Date: 29-06-2017
Country of Decision: Luxembourg
Country of Applicant: Nigeria
Keywords: Internal protection, Sexual orientation
The criminalisation of homosexuality and aggressions at the place of residence of the applicant constitute indications as to the existence of persecution. However, if it is only in the appearance, then internal flight is a possibility if the applicant stops his prostitution activities.
Date: 27-06-2017
Country of Decision: Luxembourg
Country of Applicant: Algeria
Keywords: Credibility assessment, Unaccompanied minor
The presumption of minority does not apply when bone testing shows the applicant’s majority and when a doctor does not express doubts on the results. The tribunal did not request further tests.
Date: 21-06-2017
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: Luxembourg
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Education (right to), Internal protection, Unaccompanied minor
Where an asylum application is made by an unaccompanied child, the tribunal must take into consideration the best interests of the child in its examination (for example, education). The decision includes a presumption of minority that the tribunal must rebut in order to allow for the transfer of the applicant.
Date: 21-04-2017
Country of Decision: Luxembourg
Country of Applicant: Ukraine
Keywords: Dublin Transfer, Family unity (right to), Request that charge be taken, Visa
Article 10 of Dublin III is inapplicable; Articles 9, 10 and 11 of the regulation provide for three different procedural situations, the applicant’s claim could lead to a separation of the family.
Date: 28-03-2017
Country of Decision: Luxembourg
Country of Applicant: Guinea
Keywords: Protection
A new Constitution accompanied by a new Constitutional Court illustrates the existence of a protection system as per the 1951 Geneva Convention in the relevant country.
Date: 31-01-2017
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- Dublin Transfer 4
- Request to take back 4
- Subsidiary Protection 4
- Unaccompanied minor 3
- Effective access to procedures 2
- Effective remedy (right to) 2
- Family member 2
- Family reunification 2
- Family unity (right to) 2
- Internal protection 2
- Best interest of the child 1
- Country of origin information 1
- Credibility assessment 1
- Detention 1
- Education (right to) 1
- Health (right to) 1
- Inadmissible application 1
- Internal armed conflict 1
- Medical Reports/Medico-legal Reports 1
- Non-refoulement 1
- Protection 1
- Real risk 1
- Request that charge be taken 1
- Responsibility for examining application 1
- Safe country of origin 1
- Sexual orientation 1
- Visa 1
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