EDAL case summaries

The National Court for the Right of Asylum (CNDA) has a responsibility to follow the general rules on closing files. Where this is not done, the Court can be found negligent.  

The following questions are referred to the Court of Justice of the EU for a preliminary ruling:

(i) when dealing with transfer of a protection applicant under regulation 604/2013 to the UK, is a national decision-maker, in considering any issues arising in relation to the discretion under art. 17 and/or any issues of protection of fundamental rights in the UK, required to disregard circumstances as they stand at the time of such consideration in relation to the proposed withdrawal of the UK from the EU;

(ii) does the concept of the “determining member state” in...

Concerning the criteria of “filing the application” in § 75 S. 2 VwGO, the informal request for asylum according to § 13 AsylG must be taken into consideration as the relevant date and not the formal lodging of the application according to § 14 AsylG when the Federal Office fails to provide an opportunity to lodge an application. Otherwise, the work overload that the Federal Office is facing, would be a detriment for the applicant, both concerning the scheduling for the formal application and concerning the examination of the application. 

Detention of asylum seekers should only be permitted under the conditions prescribed by the law. The detention and deportation orders should always provide sufficient legal justification including the objective facts leading to the administrative authorities’ decision.