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Country of Decision: Netherlands
Country of Applicant: Iran
The Council of State applies the reasoning of ECtHR and CJEU jurisprudence to the reception conditions in Hungary to conclude that there may be a risk of ill-treatment upon return (Article 3 ECHR / Article 4 CFREU infringement) when a particularly vulnerable person who is fully dependent on state support will be confronted with "official indifference in a situation of serious deprivation or want incompatible with human dignity” upon return to Hungary.
Date: 22-04-2020
Country of Decision: Germany
Country of Applicant: Cameroon
Keywords: Accommodation centre, Health (right to), Reception conditions
An asylum seeker is entitled to request the temporary termination of his or her stay in an accommodation centre and to seek alternative accommodation if compliance with the distancing rules of the Saxon Corona Protection Ordinance is not possible in the centre.
Date: 22-04-2020
Country of Decision: Belgium
Country of Applicant: Guinea
Keywords: Burden of proof, Credibility assessment, Exclusion from protection, Individual threat, Medical Reports/Medico-legal Reports, Previous persecution, Relevant Documentation, Relevant Facts, Safe country of origin
The fact that an asylum seeker has already been persecuted in the past or has been subject to direct threats of persecution, was considered as a well-founded argument to believe that the applicant would face the risk to be persecuted under Article 1, Section A §2 of the 1951 Refugee Convention.
Date: 17-04-2020
Country of Decision: Germany
Country of Applicant: Lebanon
Keywords: Obligation to give reasons, Obligation/Duty to cooperate, Return
Article 48 para. 3 sentence 2 and 3 AufenthG does not offer a suitable legal basis for the search of homes.
The issue of a search warrant according to police and public order law requires concrete evidence that certain documents could be detected. The violation of the obligation to cooperate according to § 48 para. 3 sentence 1 AufenthG (refusal of the applicant to obtain a passport or similar), as well as vaguely expressed doubts of the authorities about the passport loss, are not sufficient to issue a warrant for the search of homes. Such...
Date: 11-04-2020
Country of Decision: United Kingdom
Country of Applicant: Algeria
Keywords: Accommodation centre, Health (right to), Material reception conditions
The High Court has issued a judgment following an application for an interim order. The matter concerns the accommodation of asylum-seekers who display Covid-19 symptoms, who bears the responsibility for accommodating asylum-seekers who are symptomatic, and the communication of policy and practice in this area.
Date: 07-04-2020
Keywords: Exclusion from protection
Member States cannot merely refer to the existence of public order and security concerns under Article 72 TFEU, in order to derogate from their obligations under Title V without proving that it was necessary to do so. Such a derogation cannot be made unilaterally without any control by the European institutions. As the assessment of whether an applicant constitutes a danger to national security or public order should be thorough and individualised, in accordance with previous findings in C‑369/17 (Ahmed), Member States cannot invoke this provision in the context of...
Date: 02-04-2020
Country of Decision: Belgium
Country of Applicant: Turkey
Keywords: Assessment of facts and circumstances, Burden of proof, Exclusion from protection, Individual assessment, Political Opinion, Procedural guarantees, Terrorism
Well-grounded information is of central importance to any decision to exclude a person convicted for criminal matters from international protection in accordance with Article 1 F of the 1951 Refugee Convention.
Date: 31-03-2020
Country of Applicant: Russia (Chechnya)
Keywords: Best interest of the child, Child Specific Considerations, Detention, Inhuman or degrading treatment or punishment, Vulnerable person
The detention of children is, in principle, permitted under Article 5 ECHR for the shortest amount of time, in appropriate conditions and facilities, and only after the Government has correctly concluded that less coercive measures are unavailable.
The complaint of the applicants under Article 3 are manifestly unfounded.
Date: 26-03-2020
Country of Decision: Germany
Country of Applicant: Pakistan
The right to be heard (Art. 103 par. 1 German Basic Law - Grundgesetz) guarantees every party access to all documents relevant for the decision, which includes status reports on the applicant’s country of origin in asylum cases.
The right to be heard also guarantees that the court takes all information and evidence into account presented by the applicant. § 74 Abs. 2 Asylum Act (Asylgesetz) limits the time period in which an applicant may present information and evidence to one month, however this only refers to information and...
Date: 25-03-2020
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Individual assessment, Inhuman or degrading treatment or punishment, Procedural guarantees, Return
The standardised nature of the questions to the applicants and similarities in the responses recorded do not necessarily indicate a lack of individualised assessment. The applicants were not deprived of an opportunity to submit arguments against their expulsion and did not make any claim of persecution risks in their country of origin. No collective expulsion under Article 4 Protocol 4 has been established.
Similarly, no violation of Article 4 Protocol 4 in conjunction with Article 13 has been established, as the claim cannot be considered...
Date: 24-03-2020
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