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Country of Decision: Germany
Country of Applicant: Turkey
Keywords: Dublin Transfer
Germany is responsible for the asylum determination of an oppositional Turkish applicant under Art. 3 para. 2 subparas 2 and 3 Dublin III Regulation, because in this individual case the Bulgarian asylum procedure has systemic flaws that would entail a risk of inhuman or degrading treatment. A serious examination of the asylum application cannot be expected by the Bulgarian authorities and the authorities will likely return the applicant to Turkey. In such a case, there are reasonable grounds for believing that there would be a violation of Article 3 of the...
Date: 24-03-2020
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Accommodation centre, Family member, Family reunification, Family unity (right to), Inadmissible application, Subsidiary Protection, Visa
Given the emergency of the situation, family reunification could only be refused in circumstances where the relevant individual does not comply with principles of public order.
As a result, the Court concluded that there were serious doubts as to the legality of the decisions refusing family reunification.
Date: 23-03-2020
Country of Decision: France
Keywords: Accommodation centre, Detention, Effective remedy (right to), Medical Reports/Medico-legal Reports, Procedural guarantees, Reception conditions, Vulnerable person
The Court concluded on the immediate release of an Egyptian national from detention. The judgment referred to the detention conditions for vulnerable persons that suffer from serious health conditions during the Covid-19 pandemic.
Date: 19-03-2020
Country of Decision: France
Country of Applicant: Tunisia
Keywords: Country of origin, Detention, Return
Due to the COVID-19 health crisis, and especially the cancellation of flights to the applicant’s country of origin, the continuation of immigration detention is no longer required because an effective return cannot be considered anymore as a reasonable perspective.
Date: 18-03-2020
Country of Decision: France
Country of Applicant: Colombia
Keywords: Detention, Health (right to), Return
In the midst of the health crisis, the judge of liberty and detention of the Lille Judicial Tribunal considered that the health risk for the Applicant as well as for a third party, generated by the extension of the administrative detention was disproportionate to the perspectives of return. Especially since most countries had closed their borders.
As a result, the judge held that there was no reason to extend the duration of the Applicant’s detention.
Date: 17-03-2020
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Family member, Political Opinion, Protection, Refugee Status
The parents and minor siblings of a Syrian national, who was recognised as a refugee, cannot claim refugee status in terms of international protection for family members, if the beneficiary, although a minor when he was registered as an asylum applicant, was no longer a minor at the time of the court hearing.
Date: 13-03-2020
Country of Decision: Belgium
Country of Applicant: Unknown
Keywords: Credibility assessment, Gender Based Persecution, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Serious harm, Sexual orientation
In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.
Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such...
Date: 27-02-2020
Country of Applicant: Ivory Coast, Mali
Keywords: Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Procedural guarantees, Return
The Court found no violation of the Convention given that the applicants would have had access to a genuine and effective possibility of submitting arguments against their expulsion had they entered lawfully into Spain – they did not have any “cogent reasons” for not using the border procedures available at designated entry points. As such, the lack of an individualised procedure for their removal was the consequence of their own conduct.
Date: 13-02-2020
Country of Decision: France
Country of Applicant: Tunisia
Keywords: Detention, Return
The Judge of the liberty and detention of the Nice Judicial Tribunal declared irregular the procedure during which the applicant was notified of his administrative detention more than an hour after the end of his police interrogation.
The Judge considered that the deprivation of liberty during that time had no legal foundation.
Date: 25-01-2020
Country of Decision: Greece
Keywords: Family member, Refugee Status, Relevant Documentation
The domestic body of civil law and civil procedure relating to family disputes was found to be applicable in accordance with Articles 12 and 16 of the 1951 Geneva Convention, as the applicant was a recognised refugee in the country and needed to end her marriage.
Date: 31-12-2019
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