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EDAL case summaries

ECtHR – G.S. v. Bulgaria (no. 36538/17), 4 April 2019

Country of Applicant: Iran
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Return, Serious harm, Well-founded fear

Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law. 
Date: 04-04-2019

Germany - Administrative Court of Trier, 27 March 2019, 7 L 1027/19.TR

Country of Decision: Germany
Country of Applicant: Syria
Keywords: Effective access to procedures, Family member, Family reunification, Family unity (right to), Request that charge be taken, Responsibility for examining application

There is a case of urgent necessity concerning interim measures according to § 123 VwGO obliging a Member State to accept a take charge request regarding  the asylum applications of family members of a person entitled to subsidiary protection in that state when the decision on an asylum application of these family members is imminent in the requesting state. 
Date: 27-03-2019

CJEU - Case C‑129/18, SM (Enfant placé sous kafala algérienne), 26 March 2019

Country of Applicant: Algeria
Keywords: Best interest of the child, Child Specific Considerations, Family member, Family unity (right to), Residence document

The Algerian Kafala system does not create a parent/child relationship within the meaning of direct descendant under Directive 2004/38 but it does fall under the notion of other family members of Article 3(2)(a) of the same Directive. The State must therefore make a balanced and reasonable assessment which considering the age of the child, the closeness of the relationship whether the family have lived together; potential risk of exploitation/trafficking and the best interests of the child....
Date: 26-03-2019

Germany – Administrative Court Berlin, 15. March 2019, VG 23 L 706.18 A

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

CJEU - C-557/17, Staatssecretaris van Veiligheid en Justice v Y.Z, Z.Z. & Y.Y.

Country of Applicant: China
Keywords: Family reunification, Residence document

Residence permits obtained in the context of family reunification and long-term resident status, under Directives 2003/86 and 2003/109, may be withdrawn if they were issued on the basis of falsified documents, even if the holders were unaware of the fraud committed. 
Date: 14-03-2019

CJEU – C-635/17, E. v Staatssecretaris van Veiligheid en Justitie

Country of Applicant: Eritrea
Keywords: Best interest of the child, Family reunification, Family unity (right to)

Article 11(2) of Directive 2003/86 must be interpreted as precluding the rejection of an application for family reunification lodged by a sponsor in favour of a minor of whom she is allegedly the guardian solely on the grounds of lack of official documentary evidence of the family relationship and the sponsor’s inability to explain the absence of such evidence being deemed implausible on the basis of general country of origin information.

Authorities have to take into consideration the specific circumstances of the sponsor and the minor,...
Date: 13-03-2019

ECtHR - Khan v. France (no. 12267/16), 28 February 2019

Country of Applicant: Afghanistan
Keywords: Best interest of the child, Child Specific Considerations, Material reception conditions, Reception conditions, Unaccompanied minor, Vulnerable person

The precarious living conditions in Calais and the failure of the French authorities to comply with judicial orders to protect the applicant, in view of his personal circumstances and young age, reach the threshold for a breach of Article 3.
Date: 28-02-2019

Cyprus - Supreme Court, Application 1/2019, 24 January 2019

Country of Decision: Cyprus
Country of Applicant: Georgia
Keywords: Delay, Detention, Effective access to procedures

Delays in the asylum procedure which cannot be imputed to the asylum seeker, and failure to consider less coercive alternatives when detention exceeds reasonable time limits, render detention unlawful.
Date: 24-01-2019

CJEU - C-661/17 M.A & others, 23 January 2019

Keywords: Best interest of the child, Dublin Transfer, Responsibility for examining application

The notification about the intention of withdrawal from the EU by the Member-State responsible for the examination of the application for international protection does not trigger the determining Member-State’s obligation to make use of the discretionary clause of Article 17(1) 604/2013 EU. Similarly, Article 6 (1) cannot be interpreted as imposing an obligation on the Member State that is not responsible to take into account the best interests of the child and to examine the application itself under 17 (1)
Date: 23-01-2019

Italy: Court of Appeal of Brescia, 18 January 2019, No. 96/2019

Country of Decision: Italy
Country of Applicant: Italy

The case deals with a controversy, in which E.F. attributed profit making and trafficking activities to some specific NGOs working in the field of migrant accommodation through a public Facebook post. The Facebook post was regarded as hostile and discriminatory towards the organisations working in the field and towards asylum seekers.
Date: 18-01-2019

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