You are here
Home ›EDAL case summaries
Keywords: Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Refugee Status, Sponsor
Article 10(2) of Directive 2003/86 allows Member States to define autonomously the nature of the relationship of dependence between the sponsor and the family member not referred in art. 4, as long as the national law have regard of all the relevant circumstances of the refugee’s situation through a case-by-case approach.
Date: 12-12-2019
Belgium - X v. Commissioner-General for Refugees and Stateless Persons, 26 November 2019, N° 229 288
Country of Decision: Belgium
Country of Applicant: Ivory Coast
Keywords: Assessment of facts and circumstances, Gender Based Persecution, Membership of a particular social group, Previous persecution, Real risk, Well-founded fear
The fact that an asylum applicant has already been persecuted in the past or has already suffered serious harm is a serious indication of the well-founded fear of the claimant, or of the real risk of suffering serious harm, unless there is good reason to believe that this persecution or serious harm will not happen again.
When an applicant has suffered female genital mutilation in her country of origin, there is a rebuttable presumption that she will again be the...
Date: 26-11-2019
Country of Decision: Germany
Keywords: Family reunification, Visa
Applications for a visa for family reunification with subsidiary protection beneficiaries must be treated as particularly urgent if the holder of the right of residence is about to reach the age of 18. The Immigration Office must ensure that such applications are processed preferentially and expeditiously.
Date: 26-11-2019
Country of Applicant: Bangladesh
Keywords: Accelerated procedure, Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Safe third country
When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.
Article 5 cannot be considered as ratione materiae...
Date: 21-11-2019
Country of Applicant: Afghanistan
Keywords: Family member, Family reunification, Residence document, Sponsor, Visa
The principle of effectiveness and the objectives of the Family Reunification Directive preclude domestic legislation that foresees the automatic issue of an entry and residence permit for family reunification on the sole ground that the time limit to decide on the application has expired without having established the substantial requirements for obtaining such a permit, e.g. family links.
Date: 20-11-2019
Country of Applicant: Afghanistan
Keywords: Accommodation centre, Best interest of the child, Duty of applicant, Material reception conditions, Reception conditions, Unaccompanied minor, Vulnerable person
A sanction imposed in response of serious breaches of the rules of the accommodation centre or of seriously violent behaviour on behalf of an applicant for international protection cannot include withdrawal of material reception conditions relating to housing, food or clothing, even if it is temporary. Authorities should take into particular consideration any such sanction in cases of vulnerable applicants and unaccompanied minors.
Date: 12-11-2019
Country of Decision: Luxembourg
Country of Applicant: Iraq
Keywords: Health (right to), Inadmissible application, Non-refoulement, Real risk, Responsibility for examining application, Subsidiary Protection
An authority examining an application for international protection by an individual already holding protection status in another Member Statemust check whether the protection of fundamental rights is systematically guaranteed by the country already providing international protection. This especially concerns applicants who are entirely dependent on public aid, and, in particular, on the public health system of the country providing them protection.
Date: 06-11-2019
Country of Decision: Poland
Country of Applicant: Russia (Chechnya)
Keywords: Individual assessment, Inhuman or degrading treatment or punishment, Non-refoulement, Return
Date: 05-11-2019
Country of Decision: Greece
Country of Applicant: Unknown
Keywords: Child Specific Considerations, Legal assistance / Legal representation / Legal aid, Personal interview, Unaccompanied minor
The interview of an unaccompanied minor, conducted without any legal representation, violated domestic and international provisions regarding the right to a hearing and the best interest of the child.
Date: 09-09-2019
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
Pages
Languages
Filter by case summary type
- National Case law 1339
- ECrtHR Case law 244
- CJEU Case law 110
Filter by applicable legal provisions
- European Union Law 1315
- Council of Europe Instruments 659
- International Law 510
- UNHCR Handbook 100
Filter by keywords
- Inhuman or degrading treatment or punishment 267
- Subsidiary Protection 244
- Effective remedy (right to) 241
- Detention 220
- Dublin Transfer 220
- Refugee Status 218
- Assessment of facts and circumstances 214
- Persecution Grounds/Reasons 212
- Credibility assessment 199
- Procedural guarantees 195
- Effective access to procedures 175
- Membership of a particular social group 159
- Country of origin information 153
- Internal protection 152
- Return 141
- Persecution (acts of) 119
- Real risk 118
- Responsibility for examining application 117
- Well-founded fear 115
- Family unity (right to) 111
- Reception conditions 110
- Individual assessment 108
- Personal circumstances of applicant 105
- Political Opinion 99
- Non-refoulement 98
- Serious harm 95
- Exclusion from protection 89
- Best interest of the child 85
- Subsequent application 85
- Burden of proof 84
- Right to remain pending a decision (Suspensive effect) 82
- Protection 79
- Vulnerable person 78
- Actor of persecution or serious harm 77
- Non-state actors/agents of persecution 76
- Child Specific Considerations 74
- Standard of proof 73
- Medical Reports/Medico-legal Reports 72
- Unaccompanied minor 72
- Indiscriminate violence 70
- Internal armed conflict 70
- Religion 69
- Family member 68
- Gender Based Persecution 68
- Relevant Documentation 67
- Torture 67
- Safe third country 65
- Material reception conditions 64
- Family reunification 63
- Relevant Facts 62
- Humanitarian considerations 60
- Individual threat 60
- Request to take back 60
- Personal interview 58
- Previous persecution 55
- Country of origin 54
- Discrimination 54
- Actors of protection 53
- Obligation to give reasons 47
- Accelerated procedure 46
- Delay 46
- Refugee sur place 46
- Sexual orientation 45
- Legal assistance / Legal representation / Legal aid 44
- Inadmissible application 41
- Armed conflict 40
- Revocation of protection status 40
- First country of asylum 38
- Health (right to) 38
- Terrorism 37
- Request that charge be taken 36
- Benefit of doubt 35
- Manifestly unfounded application 34
- Nationality 31
- Access to the labour market 28
- Crime against humanity 28
- Dependant (Dependent person) 28
- Safe country of origin 28
- Duty of applicant 27
- Accommodation centre 26
- Acts contrary to the purposes and principles of the UN 26
- Race 25
- Residence document 25
- Circumstances ceased to exist 23
- Final decision 23
- Serious non-political crime 23
- Visa 22
- Obligation/Duty to cooperate 20
- Stateless person 20
- Freedom of movement (right to) 19
- Trafficking in human beings 19
- Cessation of protection 18
- Indirect refoulement 17
- War crimes 17
- Integration measures 16
- Female genital mutilation 14
- More favourable provisions 11
- Country of former habitual residence 10
- International armed conflict 10
- Death penalty / Execution 9
- Sponsor 8
- Education (right to) 7
- Withdrawal of protection application 7
- Temporary protection 4
- Genocide 3
Filter by date
Filter by country of applicant
- Afghanistan 204
- Iraq 119
- Iran 101
- Russia 90
- Nigeria 84
- Somalia 82
- Syria 82
- Turkey 59
- Unknown 52
- Pakistan 43
- Eritrea 40
- Russia (Chechnya) 40
- Sudan 35
- Algeria 34
- Congo (DRC) 34
- Sri Lanka 33
- Kosovo 27
- Morocco 22
- Palestinian Territory 22
- Cameroon 20
- Ukraine 20
- Armenia 18
- Albania 17
- Ivory Coast 17
- Ethiopia 16
- Guinea 16
- Rwanda 16
- Bangladesh 15
- China 14
- Georgia 14
- Lebanon 14
- Colombia 12
- Egypt 12
- Ghana 12
- Serbia 12
- Gambia 11
- Senegal 11
- Uzbekistan 10
- Bosnia and Herzegovina 9
- Mali 9
- Sierra Leone 9
- Tunisia 9
- Belarus 8
- India 8
- Angola 7
- Kyrgyzstan 7
- Mongolia 7
- Uganda 7
- Vietnam 7
- Azerbaijan 6
- France 6
- Kazakhstan 6
- Libya 6
- Togo 6
- Zimbabwe 6
- Burundi 5
- Croatia 5
- Mauritania 5
- South Africa 5
- Tanzania 5
- United Kingdom 5
- Bulgaria 4
- Jordan 4
- Kenya 4
- Lithuania 4
- Moldova 4
- United States 4
- Western Sahara 4
- Brazil 3
- China (Tibet) 3
- Cuba 3
- Germany 3
- Liberia 3
- Macedonia 3
- Benin 2
- Bhutan 2
- Botswana 2
- Chad 2
- Congo (Republic of) 2
- Cyprus 2
- Haiti 2
- Israel 2
- Kuwait 2
- Myanmar 2
- Niger 2
- North Korea 2
- Saudi Arabia 2
- Slovakia 2
- South Korea 2
- Tajikistan 2
- Austria 1
- Burkina Faso 1
- Central African Republic 1
- Comoros 1
- Czech Republic 1
- Djibouti 1
- Dominican Republic 1
- Ecuador 1
- Gabon 1
- Greece 1
- Guinea-Bissau 1
- Indonesia 1
- Italy 1
- Jamaica 1
- Madagascar 1
- Malawi 1
- Montenegro 1
- Namibia 1
- Nepal 1
- New Zealand 1
- Philippines 1
- Romania 1
- Thailand 1
- Venezuela 1
- Zambia 1
Filter by country of decision
- France 164
- Germany 154
- United Kingdom 143
- Austria 89
- Ireland 87
- Belgium 79
- Sweden 74
- Czech Republic 58
- Greece 58
- Poland 58
- Netherlands 57
- Italy 52
- Spain 48
- Hungary 47
- Finland 42
- Slovenia 35
- Slovakia 30
- Denmark 25
- Luxembourg 16
- Switzerland 14
- Cyprus 7
- Portugal 1
