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Country of Applicant: Russia
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Final decision, Refugee Status
In order to guarantee that an applicant for international protection has an effective judicial remedy within the meaning of Article 47 of the Charter, a national court or tribunal is required to vary a decision of the first-instance determining body that does not comply with its previous judgment. The court or tribunal must substitute its own decision on the application for international protection by disapplying, if necessary, the national law that prohibits it from proceeding in that way.
Date: 29-07-2019
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
Country of Decision: Greece
Country of Applicant: Bangladesh
Keywords: Refugee Status, Residence document, Vulnerable person
The recognition of gender identity is a matter of respect towards the individual’s personality, protected under Greek and international law and applicable by analogy to refugees. Refugees must be able to request assistance from the authorities of the host-country, as refugeehood entails severed ties with the country of origin making it impossible for recognised refugees to request official actions from their governments.
Date: 31-12-2018
Country of Applicant: Unknown
Keywords: Discrimination, Integration measures, Refugee Status, Subsidiary Protection, Temporary protection
Persons entitled to refugee protection should be accorded the same treatment regarding assistance as provided to nationals of the Member State. Article 29 Directive 2011/95 and Article 23 Geneva Convention do not make this treatment dependant on the length of the applicant’s stay in the Member State.
A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that...
Date: 21-11-2018
Country of Applicant: Sri Lanka
Keywords: Detention, Health (right to), Medical Reports/Medico-legal Reports, Real risk, Refugee Status, Return, Safe country of origin
The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.
Date: 06-11-2018
Country of Applicant: Afghanistan
Keywords: Effective remedy (right to), Refugee Status, Subsidiary Protection
The CJEU ruled on whether an individual could appeal a decision which refused refugee status but granted subsidiary protection status, even if the rights and benefits afforded by each international protection status are identical in national law.
Date: 18-10-2018
Country of Applicant: Azerbaijan
Keywords: Individual assessment, Personal circumstances of applicant, Political Opinion, Refugee Status
CJEU rules on the correct processing of applications for international protection lodged separately by family members and the interrelationship between them.
Date: 04-10-2018
Country of Decision: France
Country of Applicant: Congo (Republic of)
Keywords: Country of origin, Inhuman or degrading treatment or punishment, Real risk, Refugee Status, Return, Subsidiary Protection
The French National Court on Asylum has made an error of law by refusing to grant at the very least subsidiary protection to the applicant following his new request to re-examine his situation, despite a condemnation from the European Court of Human Rights (ECtHR) for the violation of Article 3 of the European Convention on Human Rights (ECHR).
Date: 03-10-2018
Country of Decision: Italy
Country of Applicant: Senegal
Keywords: Assessment of facts and circumstances, Individual assessment, Personal interview, Procedural guarantees, Refugee Status
In the lack of audiovisual recording of the interview, the Judge must set the appearance hearing, otherwise being the decree issued null and void for the breach of the adversarial principle.
Date: 27-06-2018
Country of Applicant: Syria
Keywords: Detention, Nationality, Refugee Status
The ECtHR ruled that the detention of a Syrian national was unlawful as his return to Syria was impracticable, which the authorities should have known at that time. It was incumbent on the domestic authorities to consider alternative measures in respect of the applicant. The applicant did not have the benefit of an examination of the lawfulness of his detention to a sufficient degree. Therefore, there was a violation of Articles 5(1) and (4) ECHR.
The ECtHR also ruled that his detention at the Zografou police station led to a violation of his...
Date: 21-06-2018
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