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Country of Decision: Germany
Country of Applicant: Turkey
Keywords: Dublin Transfer
Germany is responsible for the asylum determination of an oppositional Turkish applicant under Art. 3 para. 2 subparas 2 and 3 Dublin III Regulation, because in this individual case the Bulgarian asylum procedure has systemic flaws that would entail a risk of inhuman or degrading treatment. A serious examination of the asylum application cannot be expected by the Bulgarian authorities and the authorities will likely return the applicant to Turkey. In such a case, there are reasonable grounds for believing that there would be a violation of Article 3 of the...
Date: 24-03-2020
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Accommodation centre, Family member, Family reunification, Family unity (right to), Inadmissible application, Subsidiary Protection, Visa
Given the emergency of the situation, family reunification could only be refused in circumstances where the relevant individual does not comply with principles of public order.
As a result, the Court concluded that there were serious doubts as to the legality of the decisions refusing family reunification.
Date: 23-03-2020
Country of Decision: Germany
Country of Applicant: Nigeria
Keywords: Dublin Transfer, Health (right to), Right to remain pending a decision (Suspensive effect)
The Dublin transfers, which have been suspended indefinitely due to the so-called Corona pandemic, constitute a domestic-related obstacle to execution in the sense of an objective impossibility which leads to a temporary suspension of deportation (Duldung) in accordance with § 60a para. 2 sentence 1 AufenthG.
The suspension constitutes a subsequent change in circumstances leading to the order of suspensive effect pursuant to § 80 para. 7 VwGO.
Date: 20-03-2020
Country of Decision: Switzerland
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Final decision, Individual assessment
An application for a revision of a final court decision of the Swiss Federal Court is only admissible if the applicant presents new relevant facts or evidence which he was not able to provide in previous proceedings even if he had acted with due diligence.
If the new evidence relates to another person’s hearing files (in the case at hand a relative’s hearing protocol before the Swiss asylum authority) the fact that the files could not be retrieved during the proceedings cannot be attributed to the applicant if he lacked the required consent...
Date: 20-03-2020
Country of Decision: France
Keywords: Accommodation centre, Detention, Effective remedy (right to), Medical Reports/Medico-legal Reports, Procedural guarantees, Reception conditions, Vulnerable person
The Court concluded on the immediate release of an Egyptian national from detention. The judgment referred to the detention conditions for vulnerable persons that suffer from serious health conditions during the Covid-19 pandemic.
Date: 19-03-2020
Country of Decision: France
Country of Applicant: Tunisia
Keywords: Country of origin, Detention, Return
Due to the COVID-19 health crisis, and especially the cancellation of flights to the applicant’s country of origin, the continuation of immigration detention is no longer required because an effective return cannot be considered anymore as a reasonable perspective.
Date: 18-03-2020
Country of Decision: France
Country of Applicant: Colombia
Keywords: Detention, Health (right to), Return
In the midst of the health crisis, the judge of liberty and detention of the Lille Judicial Tribunal considered that the health risk for the Applicant as well as for a third party, generated by the extension of the administrative detention was disproportionate to the perspectives of return. Especially since most countries had closed their borders.
As a result, the judge held that there was no reason to extend the duration of the Applicant’s detention.
Date: 17-03-2020
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Family member, Political Opinion, Protection, Refugee Status
The parents and minor siblings of a Syrian national, who was recognised as a refugee, cannot claim refugee status in terms of international protection for family members, if the beneficiary, although a minor when he was registered as an asylum applicant, was no longer a minor at the time of the court hearing.
Date: 13-03-2020
Keywords: Family member, Family reunification, Family unity (right to), Residence document
A Union citizen’s lack of sufficient resources for their family member, who is a third-country national, not to become a burden on the national social system, cannot sufficiently establish a reason to refuse a derived right of residence on the basis of article 20 TFEU, if that refusal would result in the national having to leave the territory of the EU.
Secondly, a relationship of dependency does not exist solely because the national law requires spouses to live together.
Date: 27-02-2020
Country of Decision: Belgium
Country of Applicant: Unknown
Keywords: Credibility assessment, Gender Based Persecution, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Serious harm, Sexual orientation
In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.
Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such...
Date: 27-02-2020
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