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Country of Applicant: Algeria, Morocco
Keywords: Cessation of protection, Circumstances ceased to exist, Country of origin, Personal circumstances of applicant, Protection, Relevant Facts, Revocation of protection status, Stateless person, Subsidiary Protection, Well-founded fear
Member States are required to revoke subsidiary protection on the basis of art. 19(1), if they find out that the conditions that led to the granting of status were never met, regardless of whether the incorrect assessment of facts leading to the status is imputable exclusively to the national authority itself
Date: 23-05-2019
Country of Applicant: Kosovo
Keywords: Assessment of facts and circumstances, Family unity (right to), Personal circumstances of applicant, Return
It is necessary to make a proportionality assessment with consideration of both the gravity of the crime committed by the applicant and the interests of society, and the applicant’s individual rights, particularly his right to private and family life under Article 8.
The Federal Administrative Court failed to fully assess the impact that the measure of removal would have on the applicant. The evolution of the applicant's conduct since the occurrence of the crime, the applicant’s deteriorating medical condition, and his social, cultural and...
Date: 09-04-2019
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Dublin Transfer, Effective remedy (right to), Family member, Family reunification, Family unity (right to), Humanitarian considerations, Personal circumstances of applicant, Request that charge be taken, Responsibility for examining application, Sponsor, Vulnerable person
The discretionary clause in Art. 17 II Dublin-III regulation might under certain circumstances oblige the member states to take charge of an applicant. This can be particularly the case, if the competence of the member state under chapter III of the Dublin-III regulation would not be given because of a deadline expiry the applicant had no influence on.
Date: 15-03-2019
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: Somalia
Keywords: Dublin Transfer, Indirect refoulement, Obligation to give reasons, Personal circumstances of applicant, Procedural guarantees, Responsibility for examining application, Subsidiary Protection
The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.
Any decision must be reasoned and translated into a language understandable to the applicant.
Date: 24-09-2018
Country of Applicant: Kosovo
Keywords: Access to the labour market, Personal circumstances of applicant, Stateless person
The restriction of the right to reside in a country may entail a violation of Article 8 ECHR, when creating disproportionate effects on the individuals’ private life. States should provide effective and accessible means to protect the right to respect for private and family life.
Date: 26-04-2018
Country of Decision: Denmark
Country of Applicant: Iraq
Keywords: Country of origin information, Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sexual orientation, Well-founded fear
The applicant, an ethnic Kurd and Sunni Muslim from Kirkuk, Iraq, became aware of his sexual orientation when he was 20/22 years of age and has since had relations with several men and during a longer period worked as a prostitute.
The Refugee Appeals Board accepted the applicants account and found that the applicant as a Kurd from Northern Iraq, according to country of origin information, would risk persecution if he was to return to Iraq and live openly as a homosexual. Consequently, the applicant was granted refugee status under the Danish Aliens Act art. 7 (1).
Date: 06-03-2018
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: Switzerland
Country of Applicant: Afghanistan
Keywords: Country of origin information, Credibility assessment, Internal protection, Personal circumstances of applicant
Kabul cannot be considered as a reasonable internal flight alternative for the complainant due to the lack of a sustainable social network for him there and no other particular factors which would enable the applicant's removal . Therefore the complainant does not meet the requirements for a removal to Afghanistan.
Date: 13-10-2017
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Effective access to procedures, Inadmissible application, Inhuman or degrading treatment or punishment, Material reception conditions, Personal circumstances of applicant, Procedural guarantees, Safe third country, Vulnerable person
The right to be heard entails the obligation of the court to take note of the arguments put forward by the parties and to take these arguments into consideration when taking its decision. While this does not require the court to explicitly address every single fact put forward by the parties, the grounds of the decision have to refer to the essential issues raised by such facts.
In case of a single mother and her four minor children facing deportation to a country where beneficiaries of international protection had to live under difficult conditions, these personal circumstances of...
Date: 29-08-2017
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- Assessment of facts and circumstances 36
- Individual assessment 28
- Country of origin information 27
- Inhuman or degrading treatment or punishment 27
- Subsidiary Protection 26
- Refugee Status 22
- Persecution Grounds/Reasons 21
- Internal protection 20
- Credibility assessment 19
- Dublin Transfer 15
- Membership of a particular social group 15
- Gender Based Persecution 13
- Real risk 13
- Vulnerable person 13
- Well-founded fear 13
- Child Specific Considerations 12
- Non-state actors/agents of persecution 12
- Persecution (acts of) 12
- Return 12
- Burden of proof 11
- Procedural guarantees 11
- Country of origin 10
- Family unity (right to) 10
- Political Opinion 10
- Relevant Facts 10
- Effective remedy (right to) 9
- Best interest of the child 8
- Previous persecution 8
- Protection 8
- Religion 8
- Responsibility for examining application 8
- Standard of proof 8
- Humanitarian considerations 7
- Medical Reports/Medico-legal Reports 7
- Reception conditions 7
- Relevant Documentation 7
- Detention 6
- Family member 6
- Health (right to) 6
- Indiscriminate violence 6
- Individual threat 6
- Non-refoulement 6
- Serious harm 6
- Subsequent application 6
- Actor of persecution or serious harm 5
- Inadmissible application 5
- Internal armed conflict 5
- Personal interview 5
- Safe third country 5
- Accelerated procedure 4
- Access to the labour market 4
- Dependant (Dependent person) 4
- Duty of applicant 4
- Effective access to procedures 4
- Female genital mutilation 4
- Manifestly unfounded application 4
- Material reception conditions 4
- Obligation to give reasons 4
- Obligation/Duty to cooperate 4
- Residence document 4
- Unaccompanied minor 4
- Benefit of doubt 3
- Discrimination 3
- Family reunification 3
- First country of asylum 3
- Race 3
- Refugee sur place 3
- Right to remain pending a decision (Suspensive effect) 3
- Stateless person 3
- Torture 3
- Trafficking in human beings 3
- Actors of protection 2
- Armed conflict 2
- Final decision 2
- Indirect refoulement 2
- Integration measures 2
- Legal assistance / Legal representation / Legal aid 2
- Nationality 2
- Request to take back 2
- Sexual orientation 2
- Sponsor 2
- Accommodation centre 1
- Acts contrary to the purposes and principles of the UN 1
- Cessation of protection 1
- Circumstances ceased to exist 1
- Country of former habitual residence 1
- Crime against humanity 1
- Delay 1
- Exclusion from protection 1
- More favourable provisions 1
- Request that charge be taken 1
- Revocation of protection status 1
- Safe country of origin 1
- Serious non-political crime 1
- Temporary protection 1
- War crimes 1
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- Afghanistan 21
- Iraq 8
- Nigeria 8
- Russia 7
- Syria 7
- Somalia 5
- Unknown 5
- Iran 4
- Kosovo 4
- Sudan 4
- Albania 3
- Algeria 3
- Pakistan 3
- Azerbaijan 2
- Bosnia and Herzegovina 2
- Ethiopia 2
- Georgia 2
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- Russia (Chechnya) 1
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- Ukraine 1
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- Germany 22
- Austria 11
- France 9
- United Kingdom 8
- Slovenia 4
- Belgium 3
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