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Keywords: Family reunification
The case concerned the conformity of integration requirements for residence permit applicants in Dutch law with Article 15 of Directive 2003/86, regarding autonomous residence permits. The CJEU held that it cannot be excluded that such a residence permit may be dependent on the successful completion of a civic integration examination on the language and society of that Member State. However, the connection of residence permits with integration frameworks cannot go beyond what is necessary for the objective of facilitating integration of third-country nationals.
Date: 07-11-2018
Keywords: Family reunification, More favourable provisions, Subsidiary Protection
The CJEU ruled on family reunification visas for the family of an individual with subsidiary protection status. It was found that an application for family reunification based on refugee status can be rejected if it was not made within three months of the sponsor receiving refugee status. However, there must be the possibility of lodging a fresh application under a different set of rules provided that national legislation:
– lays down that such a ground of refusal cannot apply to situations in which particular circumstances render the late...
Date: 07-11-2018
Country of Applicant: Sri Lanka
Keywords: Detention, Health (right to), Medical Reports/Medico-legal Reports, Real risk, Refugee Status, Return, Safe country of origin
The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.
Date: 06-11-2018
Country of Applicant: Tajikistan, Uzbekistan
Keywords: Country of origin, Detention, Inhuman or degrading treatment or punishment, Real risk, Return, Torture
Russia had failed to substantially and effectively examine the repeated claims of the applicants that their extradition would constitute a violation of Article 3 ECHR. Given the current situation in Uzbekistan and Tajikistan and the individual circumstances of the applicants, a number of violations were found.
Date: 23-10-2018
Country of Decision: France
Country of Applicant: France
Keywords: Delay, Effective access to procedures, Effective remedy (right to), Procedural guarantees, Return
The Constitutional Council decides on the constitutionality of the 48H limit under national law for a third-country national to appeal against an order to be escorted to the border. The Council found that the deadline is in line with the French Constitution, as it guarantees the right to an effective remedy.
Date: 19-10-2018
Country of Applicant: Afghanistan
Keywords: Effective remedy (right to), Refugee Status, Subsidiary Protection
The CJEU ruled on whether an individual could appeal a decision which refused refugee status but granted subsidiary protection status, even if the rights and benefits afforded by each international protection status are identical in national law.
Date: 18-10-2018
Country of Applicant: Iran
Keywords: Reception conditions, Return, Right to remain pending a decision (Suspensive effect)
A Member State is not required to issue a decision on its own responsibility under Dublin III when, in its capacity as the determining Member State, it found that there is no sufficient evidence to establish responsibility of another Member State. Domestic courts do not have to examine the application of the Dublin criteria ex proprio motu in the context of a review of the rejection of an application for international protection.
Religion is a broad concept that encompasses both internal elements of faith and an external component of manifestation. The applicant does not...
Date: 04-10-2018
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: Congo (Republic of)
Keywords: Country of origin, Inhuman or degrading treatment or punishment, Real risk, Refugee Status, Return, Subsidiary Protection
The French National Court on Asylum has made an error of law by refusing to grant at the very least subsidiary protection to the applicant following his new request to re-examine his situation, despite a condemnation from the European Court of Human Rights (ECtHR) for the violation of Article 3 of the European Convention on Human Rights (ECHR).
Date: 03-10-2018
Country of Applicant: Iraq
The CJEU ruled on the scope of the right to an effective remedy provided for in Article 39 of the Asylum Procedures Directive and in Article 13 of the Returns Directive.
Date: 26-09-2018
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