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Country of Applicant: Germany
Keywords: Freedom of movement (right to), Visa
A national measure requiring private coach transporters crossing internal borders to check the documents of the passengers on board and refuse the access to those not provided with passport or residence permit is prohibited under Article 21(a) of Regulation No 562/2006 (Schengen Borders Code) as it has an effect equivalent to that of border checks.
Date: 13-12-2018
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Country of origin information, Internal protection, Personal circumstances of applicant, Personal interview, Relevant Facts, Safe country of origin
The applicants’ personal circumstances and the general conditions in the country of origin have to be taken into account, when assessing whether an internal flight alternative exists. Relevant sources like the UNHCR guidelines have to be used. Otherwise this constitutes a significant procedural error.
Date: 13-12-2018
Country of Decision: France
Country of Applicant: France
Keywords: Humanitarian considerations
According to the new 10 September 2018 French Law on Controlled Migration, there will be no criminal proceedings against individuals who have helped in the movement and illegal residence of undocumented migrants, when the aid consisted in providing legal, linguistic or social advice or assistance, or any other aid provided for an exclusively humanitarian purpose.
Criminal immunity is thus defined in a much less restrictive manner, and shall apply to acts committed before the entry into force of the new law.
Date: 12-12-2018
Country of Decision: Austria
Country of Applicant: Iran
Keywords: Discrimination, Integration measures
The principle of equality is violated if the amount of minimum benefits is calculated according to the duration of residence in Austria within the last six years. Persons entitled to asylum cannot be treated in the same way as persons who can return to their country of origin at any time
Date: 12-12-2018
Country of Applicant: Russia
Keywords: Effective access to procedures, Indirect refoulement, Non-refoulement, Return
The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR.
Date: 11-12-2018
Country of Applicant: Vietnam
Keywords: Detention
The ECtHR ruled the conditions of the applicant’s detention, prior to her being deported from Cyprus, subjected her to hardship going beyond the unavoidable level of suffering inherent in detention and thus amounted to degrading treatment prohibited by Article 3 of the Convention.
Date: 04-12-2018
Country of Decision: Italy
Country of Applicant: Lebanon, Palestinian Territory
Keywords: Accommodation centre, Effective access to procedures, Family member, Procedural guarantees, Residence document
When a refugee and their child apply for international protection, the Police Headquarters shall not make residence or parental relationship the conditions for submitting their application.
Date: 21-11-2018
Country of Applicant: Unknown
Keywords: Discrimination, Integration measures, Refugee Status, Subsidiary Protection, Temporary protection
Persons entitled to refugee protection should be accorded the same treatment regarding assistance as provided to nationals of the Member State. Article 29 Directive 2011/95 and Article 23 Geneva Convention do not make this treatment dependant on the length of the applicant’s stay in the Member State.
A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that...
Date: 21-11-2018
Country of Applicant: Eritrea, Syria
Keywords: Dublin Transfer, Request to take back, Responsibility for examining application
The CJEU ruled on the time limit for Member States to respond to requests for re-examination of "take charge" or "take back" requests and clarified that Member States should endeavour to respond within two weeks; if they do not the requesting Member State retains responsibility.
Date: 13-11-2018
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Dublin Transfer, Effective remedy (right to), Inhuman or degrading treatment or punishment, Reception conditions, Responsibility for examining application, Trafficking in human beings, Vulnerable person
As a result of a transfer order to Italian authorities joined with house arrest, the applicant lodged an appeal. She argued she would be at risk of being exposed to inhuman and degrading treatments, as well as to systemic lapses of the Italian asylum system. In this case, the administrative tribunal granted annulment of those orders issued by the prefect of la Haute-Garonne in the light of the current Italian asylum conditions and the reasons motivating the applicant to reach France after having stayed in Italy.
Date: 09-11-2018
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