Case summaries

  • My search
  • Keywords
    1
Reset
Belgium - Council for Alien Law Litigation, 24 June 2010, Nr. 45.397
Country of applicant: Iraq
In a general assembly decision, the CALL held that the concepts of “safe third country” and “first country of asylum” have no ground in Belgian law and that Art 26 and 27 of the Procedures Directive have no direct effect. Further, that the well-founded fear of the applicant should be assessed against the country of nationality (or, for stateless persons, the country of their former habitual residence). 
Date of decision: 24-06-2010
Finland - Helsinki Administrative Court, 19 May 2010, 10/0780/3
Country of applicant: Lithuania, Russia

The Court considered whether an application for international protection by an applicant of Russian nationality based on experiences of persecution in Lithuania (country of asylum) could be dismissed based on the reasoning that Lithuania is deemed to be a safe country of asylum. The Administrative Court held that the question of whether the applicants are in need of international protection based on the treatment they have received in their country of asylum, Lithuania, could not be examined in an asylum procedure in Lithuania.

Date of decision: 19-05-2010
Spain - High National Court, 19 May 2010, 632/2009
Country of applicant: Afghanistan

The case concerned an appeal before the High National Court against the decision of the Spanish Asylum and Refugee Office (Ministry of Interior) rejecting an application for refugee status based on the fact that the applicant entered the EU through Greece. Therefore, following the Dublin II Regulation, Greece would be the responsible country for examining the application for asylum. The High National Court stated that after passing the six month period established by Art 19.3 of the Regulation CE/343/2003 without executing the transfer of the applicant to a Member State considered responsible for the examination, Spain was the responsible country for the case.

Date of decision: 19-05-2010
Sweden - Migration Court of Appeal, 28 October 2008, UM 2397-08
Country of applicant: Iraq

The conditions for asylum seekers in Greece were at the time of the decision not of such a character that it would prevent transferring asylum seekers according to the Dublin Regulation.

Date of decision: 28-10-2008