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Country of Decision: Switzerland
Country of Applicant: Nigeria
Keywords: Accommodation centre, Dublin Transfer, Individual assessment, Inhuman or degrading treatment or punishment, Material reception conditions, Protection, Reception conditions, Vulnerable person
In view of article 3 of the European Convention on Human Rights, Swiss authorities should obtain formal and detailed guarantees on care and accommodation from the Italian authorities before transferring families and vulnerable persons to Italy under the Dublin III Regulation.
This is because Decree-law 113/218 on Public safety and Immigration in Italy has deeply reformed the Italian refugee reception system.
Date: 17-12-2019
Keywords: Return, Visa
Article 6(1)(e) of the Schengen Borders Code does not preclude the issue of a return decision to a third-country national not subject to a visa requirement and who is present on the territory of a M.S. for a short stay if that national is suspected of having committed a criminal offence. Moreover, the Code does not impose an obligation to establish, in order to issue such a decision, that their conduct represents a genuine, present and sufficiently serious threat affecting one of the fundamental interests of the society of the...
Date: 12-12-2019
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
Country of Decision: Portugal
Keywords: Dublin Transfer, Procedural guarantees
The applicant brought an administrative action before the Administrative Court of the Circuit of Lisbon against the Ministry of Internal Affairs - Foreigners and Borders Service (SEF), in which he sought the annulment of the decision of the National Director of the SEF determining his transfer to Italy and the condemnation of the requested entity in the continuation of the process of international protection.
The Central Administrative Southern Court dismissed the appeal and, on grounds other than those set out in the contested judgment, upheld...
Date: 10-12-2019
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Benefit of doubt, Burden of proof, Detention, Effective remedy (right to), Freedom of movement (right to), Personal interview, Relevant Documentation
The administrative detention of an Afghan national was imposed on the basis of a procedural error due to the lack of relevant documentation and unjustified information by the French authorities (Prefect and Prosecutor).
Date: 26-11-2019
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: Iraq, Palestinian Territory, Somalia, Syria
Keywords: Detention, Material reception conditions, Procedural guarantees, Reception conditions, Return
Confinement of asylum applicants in an airport transit zone is contrary to Art. 5 § 1 (f) in the absence of any domestic legal basis for the applicants’ deprivation of liberty.
Confinement of asylum seekers left to their own devices in airport transit zones under the control of border authorities, without unimpeded access to shower or cooking facilities, outdoor exercise and medical or social assistance amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.
Date: 21-11-2019
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
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