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Country of Applicant: Afghanistan, Bosnia and Herzegovina, Croatia
Keywords: Acts contrary to the purposes and principles of the UN, Crime against humanity, Exclusion from protection, Family member, Individual assessment, Integration measures, War crimes
The fact that a person has been the subject, in the past, of a decision excluding him from refugee status cannot automatically permit the finding that the mere presence of that person in the territory of the host Member State constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. A case-by-case assessment is necessary before a measure based on grounds of public policy or public security is adopted. This assessment includes weighing the threat against the protection of the rights of EU citizens and their...
Date: 02-05-2018
Country of Applicant: Bosnia and Herzegovina
Keywords: Discrimination, Family reunification, Family unity (right to)
Same-sex couples are not excluded from the ambit of the Convention’s family life and cohabiting is not a pre-requisite of establishing family life.
A difference in treatment between persons in relevantly similar positions has occurred in this case since the Croatian Aliens Act has made no provision for same-sex couples seeking a residence permit to join their respective partner, whereas it did contain provisions relating to married and unmarried different-sex couples. The applicant had, therefore, experienced a difference in treatment based on...
Date: 23-02-2016
Country of Decision: Slovenia
Country of Applicant: Bosnia and Herzegovina
Keywords: Assessment of facts and circumstances, Dublin Transfer, Effective remedy (right to), Obligation to give reasons, Request to take back, Responsibility for examining application
The court may reject the request for a preliminary ruling to the CJEU when the provision is clear (acte clair), only if it checks that the clarity of the contested provision is equally obvious to the courts of other Member States and the CJEU, taking into account the characteristics of EU law and special problems posed by its interpretation, including a comparison of all language versions, respecting the specific terminology of EU law and the placement of the interpretation in the context of EU law.
The Constitutional Court annulled the contested judgment because of the...
Date: 12-03-2015
Country of Decision: Slovenia
Country of Applicant: Bosnia and Herzegovina
Keywords: Country of origin information, Discrimination, Family unity (right to), Health (right to), Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Personal circumstances of applicant, Serious harm, Subsidiary Protection, Vulnerable person
In the case of the first Applicant, the exceptional personal circumstances dictate round the clock highly qualified medical care, which is provided by health care institutions in Slovenia, while home care is provided by the second Applicant. If such a sick person were forced to leave the stable conditions in Slovenia and start living in a collective centre in BiH, the first Applicant could suffer inhuman or degrading treatment due to inappropriate health care, which would represent serious harm, which in turn justifies subsidiary protection in Slovenia.
In the event that the second...
Date: 24-07-2013
Country of Decision: Netherlands
Country of Applicant: Bosnia and Herzegovina
Keywords: Detention, Right to remain pending a decision (Suspensive effect), Subsequent application
An asylum application within the meaning of the Asylum Procedures Directive, Article 2, introductory paragraph and Article 2(b), has been made if a foreigner notifies the authorities that he would like to apply for asylum. The provision of the Foreigners Act under which a foreigner who has been declared undesirable has no right to remain is in breach of Article 7 of the Asylum Procedures Directive.
Date: 25-06-2012
Country of Decision: Slovenia
Country of Applicant: Bosnia and Herzegovina
Keywords: Burden of proof, Credibility assessment, Duty of applicant, Medical Reports/Medico-legal Reports
According to the Supreme Court of the Republic of Slovenia the general credibility of the Applicant is an internationally recognised standard that takes into account numerous conditions when assessing the Applicant’s level of credibility, who does not have any material evidence to prove his persecution. However, the Applicant’s general credibility will provide the necessary trust in his statement as regards his persecution for the state to grant him international protection even without any material or other evidence, merely on the basis of his statements.
The Appellant...
Date: 03-04-2012
Country of Decision: France
Country of Applicant: Armenia, Benin, Bosnia and Herzegovina, Ghana, India, Macedonia, Madagascar, Mali, Mongolia, Senegal, Tanzania, Turkey
Keywords: Safe country of origin
Partial quashing of the list of safe countries of origin: Armenia, Madagascar, Turkey and Mali (women only) removed from the list
Date: 03-07-2010
Country of Decision: Belgium
Country of Applicant: Bosnia and Herzegovina
Keywords: Nationality, Country of origin, Family unity (right to), Best interest of the child
This case concerned the status of family members. The CALL held that Art 23 of the Qualification Directive, which has no direct effect, does not create a right for the family member of a beneficiary of refugee or subsidiary protection status to benefit from the same status, and reminds Member States of the necessity to take into account the personal legal status of the family member (e.g. different nationality). Where a child has parents with two different types of status and the nationality of the child cannot be established, then the child should be given the status that is most...
Date: 18-06-2010
Country of Applicant: Bosnia and Herzegovina, Croatia
Keywords: Inadmissible application, Personal circumstances of applicant, Political Opinion, Race
The application of a Bosnian Croat concerning the collective expulsions from Croatia to Bosnia-Hercegovina is found to be manifestly ill-founded and thus the application is inadmissible.
Date: 23-02-1999
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