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Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: More favourable provisions, Protection, Refugee Status, Subsidiary Protection
The Regional Administrative Court of Upper Austria requests a preliminary ruling of the CJEU concerning the interpretation of Article 29 Directive 2011/95/EU in the context of social assistance for persons entitled to asylum with a temporary residence permit.
1) Must Article 29 Directive 2011/95/EU, entitling persons subject to international protection to the same level of social assistance in the Member State as nationals of this Member State, be interpreted as fulfilling the conditions for direct effect as set out in the CJEU’s jurisprudence?
2) Must Article 29 Directive...
Date: 18-12-2017
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Dependant (Dependent person), Female genital mutilation, Legal assistance / Legal representation / Legal aid, Membership of a particular social group, Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Refugee Status, Subsidiary Protection
In countries where there is a high prevalence of female genital mutilation (FGM), as in Nigeria, non-excised persons can be considered as having a well-founded fear of persecution for reasons of membership of a particular social group within the meaning of Article 1A(2) of 1951 Refugee Convention. Refugee status can be granted where there is a considerable risk of excision and insufficient protection against this threat.
Date: 23-10-2017
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Country of origin information, Duty of applicant, Political Opinion, Refugee Status, Religion, Subsidiary Protection, Torture
When deciding whether refugee status should be available , one must not only consider any pre-persecution but also post-flight circumstances. Judged on a forward looking basis of persecution of political enemies within Syrian territory, upon return to Syria there continues to be a danger of individual persecution including human rights violations by reason of belonging to a certain group.
Date: 07-10-2016
Country of Decision: Germany
Country of Applicant: Russia (Chechnya)
Keywords: First country of asylum, Inadmissible application, Refugee Status, Revocation of protection status, Subsidiary Protection
A renewed application for asylum in a second country is admissible if the nature of international protection applied for differs from the protection already granted. Deportation to the country of the first application or the country of origin is not to be taken into account in this situation.
Date: 11-09-2016
Country of Decision: Germany
Country of Applicant: Somalia
Keywords: Inadmissible application, Refugee Status, Relevant Facts, Subsidiary Protection
An application for asylum filed prior to 20 July 2015 cannot be considered inadmissible because subsidiary protection has already been granted by another Member State (if the protection applied for is more favourable than the existing protection). The assessment of the admissibility of an application for asylum filed prior to 20 July 2015 is subject to the laws, regulations and administrative provisions adopted pursuant to the now superseded Asylum Procedures Directive (Directive 2005/85/EU) which provided for inadmissibility of an application for asylum if refugee status had already been...
Date: 04-08-2016
Country of Decision: Italy
Country of Applicant: Gambia
Keywords: Assessment of facts and circumstances, Individual assessment, Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Real risk, Refugee Status, Subsidiary Protection
The Italian consolidated Law on Migration (Art. 5(6) n. 286/1998) requires humanitarian protection to be given where a person is in a situation of vulnerability. Such a situation occurs when the applicant’s constitutional and international fundamental rights, such as health and nutrition, are compromised.
Date: 31-03-2016
Country of Decision: Hungary
Country of Applicant: Somalia
Keywords: Effective access to procedures, Effective remedy (right to), Refugee Status, Subsidiary Protection
In case of conflict between a domestic and international norm the Court is obliged to adhere to the latter and set aside the former. Given the well-established right to an effective remedy in international and European instruments, an element of which relates to the remedy’s timeliness, the court is obliged to remake the OIN’s subsidiary protection decision and provide the applicant with refugee status. This conclusion applies notwithstanding that domestic legislation prohibits the Court from reforming an OIN decision. To abide by this legislation would result in a never-ending appeal...
Date: 10-03-2016
Country of Decision: Spain
Country of Applicant: Syria
Keywords: Accommodation centre, Credibility assessment, Internal armed conflict, Refugee Status, Relevant Documentation, Subsidiary Protection
When addressing asylum claims, refugee status must be recognised when there is a well-founded fear of persecution for any of the reasons foreseen in the 1951 Refugee Convention. Assessment of an asylum request fundamentally needs careful consideration of the facts and personal circumstances of the asylum seeker, as well as an analysis of the nature of the risk. The criteria of this test does not have to be restrictive, it is sufficient that the competent authority has a rational belief that the requirements are met for the purpose of receiving refugee status.
Date: 15-12-2015
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Dublin Transfer, Inadmissible application, Refugee Status, Responsibility for examining application, Subsidiary Protection
The rules of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (“International Protection Directive”) do not prohibit the review of an application for asylum in Germany in a case where an applicant has previously been granted subsidiary protection in another Member State, if such application for asylum has been filed before 20 July 2015. This is because the inadmissibility of applications filed before 20 July 2015 is governed by the Council Directive 2005/85/EC of 1 December 2005 on...
Date: 23-10-2015
Country of Decision: Poland
Country of Applicant: Russia
Keywords: Effective access to procedures, Refugee Status, Subsequent application, Subsidiary Protection
The Court ruled that when deciding whether the subsequent application is admissible, new facts regarding the individual situation of the applicant or her situation in the country of origin as well as change in the situation of the country of origin alone are significant. When examining whether the grounds of the first and the subsequent application are the same, the essence of the facts is important, not the manner in which they are presented.
With regard to the applicant’s argument that in the present case the legal grounds for granting subsidiary protection were not examined, the...
Date: 07-09-2015
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- EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 16
- EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 10
- EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council 5
- EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011 5
- Treaty on the Functioning of the European Union 2010/C 83/01 4
- EN - Charter of Fundamental Rights of the European Union 3
- EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation) 2
- EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003 2
- EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003 1
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