Journal

The right to an oral hearing in Austrian asylum appeal procedures in the light of Article 47(2) of the Charter of Fundamental Rights of the European Union

Date: 
Friday, January 16, 2015

Introduction

In Austria, an oral hearing needs to be formally requested both in asylum appeal procedures and administrative procedures in general. Notwithstanding that a request may be lodged, the competent Federal Administrative Court (Bundesverwaltungsgericht) may dispense with an oral hearing under Section 21 Para. 7 Federal Office Procedure Act (BFA-...

Tarakhel v. Switzerland: Where does the Dublin system stand now?

Date: 
Thursday, December 4, 2014

This article is to be read in conjunction with the EDAL case summary

Introduction

On the 4th November the Grand Chamber provided its much anticipated judgment in Tarakhel v. Switzerland (no. 29217/12). The Court’s judgment, concerning the proposed return of a family to Italy under the Dublin Regulation, had been awaited with bated breath given a divide between domestic and European jurisprudence on whether return to Italy...

Mohammadi v. Austria - the issue of asylum detention in Hungary

Date: 
Wednesday, October 1, 2014

This article is to be read in conjunction with the EDAL Case Summary 

Introduction

In July the European Court of Human Rights examined a case concerning the transfer of an asylum seeker from Austria to Hungary under the Dublin II procedure. The Austrian Asylum Office, the Asylum Court and the Constitutional Court all rejected his asylum request and ordered his transfer to Hungary. Relying in particular on...

LGBTI asylum seekers: discord between the European courts?

Date: 
Friday, July 25, 2014

This article is to be read in conjunction with the EDAL Case Summary

Introduction

Seven and a half months after the Court of Justice of the European Union (“CJEU”) handed down their landmark judgment in Joined Cases C-199/12, C-200/12 and C-201/12, X...

The two European Courts on seeking asylum due to religious persecution

Date: 
Wednesday, March 26, 2014

Introduction

The freedom to adopt and manifest a religion or belief is enshrined in Article 9 of the European Convention on Human Rights (ECHR) and Article 10 of the Charter of Fundamental Rights of the European Union (Charter). Freedom of religion is also the subject of General Comment No. 22 of the UN Human Rights Committee, and two declarations of the UN...

Diakité: The CJEU interprets the concept of ‘internal armed conflict’ for the purpose of granting subsidiary protection under EU law

Date: 
Saturday, March 22, 2014

This article is to be read in conjunction with the EDAL Case Summary

Introduction

On 30 January 2014, the Court of Justice of the European Union (“CJEU”) issued a preliminary reference ruling in case C-285/12 Diakité concerning the...

The Court of Justice of the European Union and Palestinian refugees – Case C-364/11, El Kott

Date: 
Friday, February 21, 2014

This article should be read in conjunction with the EDAL case summary, please click here.

In December 2012 the Court of Justice of the European Union (CJEU) reached a decision in an, at first sight, individual case concerning three stateless men of Palestinian origin, which could positively settle the legal position of tens of thousands Palestinian refugees arriving in Europe.

As regards their personal stories, Mr. El Kott lived in the...

To believe or not to believe? Harmonising EU practices on credibility assessment in asylum claims

Date: 
Friday, February 7, 2014

In the framework of the Common European Asylum System, one core guiding principle states that “similar cases should be treated alike and result in the same outcome”[1]. The practice of EU member states still has a considerable distance to travel and the efforts are focusing at the moment on identifying and creating functioning mechanisms to harmonise the practices of 28 asylum systems.

The issues addressed are numerous and the asylum “package” of directives and regulations aims to encompass the standards that Member States...

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