Latest News

Sweden: Migration Court of Appeal judgment on best interests of the child in expulsion decision

Tuesday, December 22, 2020

On 22 December 2020, the Swedish Migration Court of Appeal published its decision in A,B, and C v. the Swedish Migration Agency (MIG 2020:24).

C-255/19: CJEU Judgment on the concept of ‘protection’ in country of origin

Wednesday, January 20, 2021

On 20 January 2021, the CJEU published its judgment in Secretary of State for the Home Department v OA (C-255/19) concerning a request for preliminary ruling, made in the context of proceedings concerning the revocation of OA, a Somali national’s refugee status.

Joined cases C-385/19 and C-322/19: CJEU confirms access to labour market in the context of proceedings related to the Dublin III Regulation

Thursday, January 14, 2021

On 14 January 2021, the CJEU ruled, in the context of Irish preliminary referrals on the interpretation of Article 15 of the Reception Conditions Directive (

Latest Cases

Country of Applicant: Iraq

In assessing the credibility of a sexual orientation-related claim, personal circumstances have to be taken into account. That a person is not able to elaborate on his awareness and acceptance of his sexual orientation, is not sufficient to conclude that the applicant’s story lacks credibility, when the personal circumstances that explain this inability are considered credible.

Country of Applicant: Unknown

The Judge of liberty and detention of the Toulouse Appeal Court considered that an extension of the applicant’s administrative detention could mean subjecting her to imminent forcible return to her country of origin, which was not compatible with articles 3 and 13 ECHR since a non-suspensive appeal against a decision rejecting the applicant’s asylum application was still pending and with sufficient grounds.

As a result, the Judge held that there was no reason to extend the duration of the applicant’s administrative detention.

Country of Applicant: Sri Lanka

This appeal considered what the correct approach is to the assessment of medical evidence in asylum claims alleging torture. Hence, it was declared that decision-makers can receive assistance from medical experts who are able to offer an opinion about the injury inflicted. The Supreme Court unanimously allowed the appeal and remitted KV’s appeal against the refusal of asylum to the Upper Tribunal for fresh determination.  

About EDAL

The European Database of Asylum Law (EDAL) is an online database managed by the European Council on Refugees and Exiles (ECRE) and a compilation of summaries of refugee and asylum case law from the courts of 22 European states, the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The summaries are published in English and in the relevant state’s national language.

For more information please see here.

If you are interested in contributing an article on a relevant subject to the EDAL blog or would like to inform us about an important national judgment, please kindly send an email to Stavros Papageorgopoulos (