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EDAL case summaries

CJEU – Joined Cases C-391/16, C-77/17 and C-78/17, M (Révocation du statut de réfugié)

Country of Applicant: Congo (DRC), Ivory Coast, Russia, Russia (Chechnya)
Keywords: Cessation of protection, Exclusion from protection, Non-refoulement, Refugee Status, Revocation of protection status, Serious non-political crime
The provisions of Article 14(4) to (6) of Directive 2011/95 cannot be interpreted as meaning that the effect of the revocation or the refusal of the refugee status is that the person concerned, who satisfies the material conditions set forth in Article 1A of the Geneva Convention, is excluded from international protection. Member States, when implementing Article 14(4) and (5) of the directive, are required to grant refugees who are present in their respective territories only the rights expressly referred to in Article 14(6) of that directive and the rights set out in the Geneva...
Date: 14-05-2019

Poland- The Supreme Administrative Court, 22 June 2017, II OSK 23366/16

Country of Decision: Poland
Country of Applicant: Russia (Chechnya)
Keywords: Assessment of facts and circumstances, Best interest of the child, Child Specific Considerations, Individual threat, Internal protection, Medical Reports/Medico-legal Reports, Persecution (acts of), Procedural guarantees, Refugee Status, Relevant Documentation, Subsidiary Protection

Following the appeal of the Children’s Rights Ombudsman, the Supreme Administrative Court set aside the order of the Regional Administrative Court, in relation to a challenge to the decision of the Polish Refugee Board, and set aside the aforementioned decision to refuse tolerated stay, dismissing the appeal in all other respects.

The court justified its decision with reference to the procedural errors of the Polish Refugee Board, which included failing to gather evidence in an appropriate manner and inappropriately establishing the facts relating to the Applicant’s children....
Date: 22-06-2017

Germany – Administrative Court Berlin, 11 September 2016, 33 K 152.15 A

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

France - Council of State, 13 November 2013, CIMADE, Mr. B, No 349735 and 349736

Country of Decision: France
Country of Applicant: Russia (Chechnya)
Keywords: First country of asylum, Inadmissible application, Individual threat, Protection, Refugee Status, Well-founded fear

Interventions from third parties to proceedings initiated before the National Asylum Court may be admitted.

A person with refugee status in one European Union state who applies for refugee status in a second European Union state is presumed to have unfounded fears relating to lack of protection. However, that presumption may be rebutted by evidence to the contrary. 
Date: 13-11-2013

ECtHR - I.K. v Austria, Application No. 2964/12

Country of Applicant: Russia (Chechnya)
Keywords: Assessment of facts and circumstances, Country of origin, Country of origin information, Credibility assessment, Individual assessment, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Non-refoulement, Real risk, Refugee Status

The case concerns the examination of an asylum claim by the Austrian authorities and assessment of a real risk that the applicant would be subjected to treatment contrary to Article 3 of the ECHR if expelled to Russia. 
Date: 28-03-2013

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