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ECtHR - N.A. v Finland - Application no. 25244/18
Country of applicant: Iraq

The applicant’s complaint is based on the allegation that her father had not left Finland voluntarily but had been forced to return to Iraq because of the decisions already taken by the Finnish authorities. Those decisions, therefore, engaged the responsibility of Finland for having exposed the applicant’s father to a real risk of death, which ended up happening. Finland’s actions amounted to a violation of Articles 2 and 3 ECHR.

Date of decision: 15-10-2019
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Charter of Fundamental Rights of the European Union,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
CJEU - Case C‑163/17 Jawo, 19 March 2019
Country of applicant: Gambia

The CJEU ruled that an asylum applicant may not be transferred under the Dublin III Regulation to the Member State responsible for processing their application if the living conditions would expose them to a situation of extreme material poverty amounting to inhuman or degrading treatment within the meaning of Article 4 CFR. In this regard, the Court held that the threshold was only met where such deficiencies attained a particularly high level of severity beyond a high degree of insecurity or significant degradation of living conditions. Correspondingly, national courts had the obligation to examine, based on information that is objective, reliable, specific and properly updated and having regard to the standard of protection of fundamental rights guaranteed by EU law, whether there was a real risk for the applicant to find himself in such situation of extreme material poverty.

An act of absconding withing the meaning of Dublin III may be presumed when the applicant has left the accommodation allocated to them without informing the competent authorities, provided that they have been informed of this obligation, unless the applicant provides valid reasons for not informing the authorities. 

Date of decision: 19-03-2019
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,EN - Charter of Fundamental Rights of the European Union,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
CJEU - Joined Cases C‑297/17, C‑318/17, C‑319/17 and C‑438/17 Ibrahim, 19 March 2019
Country of applicant: Syria

The CJEU ruled that an asylum seeker may not be transferred to the Member State that has previously granted him international protection if such living conditions would expose the applicant to a situation of extreme material poverty. The threshold was only met where such deficiencies attained a particularly high level of severity, going beyond a high degree of insecurity or significant degradation of living conditions.

The Court further clarified that this threshold also applied where there were infringements of the provisions of the Qualification Directive, including the level of the subsistence allowance granted to beneficiaries of subsidiary protection. 

Lastly, the CJEU added that the fact that the Member State that granted subsidiary protection systematically refuses, without real examination, to grant refugee status does not prevent the other Member States from rejecting a further application submitted to them by the person concerned as being inadmissible.

Date of decision: 19-03-2019
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,EN - Charter of Fundamental Rights of the European Union,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
WA (Pakistan) v The Secretary of State for the Home Department, 2019
Country of applicant: Pakistan
This case dealt with the issue of the whether the guidance of MN and others Pakistan CG [2012] was still accurate in terms of asylum protection due to failing to ask the question of why an individual would act in a discreet way in their country of origin. This question draws the distinction between concealment of faith due to fear of persecution or simply due to social norms or personal preference.
 
WA sought to challenge the correctness of the guidance in MN and others Pakistan CG [2012] in that it failed to properly reflect the judgement of HJ (Iran) test of asking why an individual would act in a particular way to avoid persecutory harm in their country of origin. The unanimous judgement allowed the appeal and remitted the case back for a hearing. 
 
Date of decision: 06-03-2019
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Charter of Fundamental Rights of the European Union,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011
Germany – Federal Administrative Court, 20 August 2018, 1 B 18.18
Country of applicant: Syria

Pursuant to Section 60 paragraph 5 of the Residence Act, refugees recognised abroad cannot be deported to the state in which they are recognised if the living conditions expected there contradict Article 3 of the ECHR. This presupposes that the situation in the country of destination reaches the minimum severity required for Article 3 ECHR, but an "extreme danger" within the meaning of the case-law regarding Section 60 paragraph 7 sentence 5 Residence Act is not a prerequisite.

A Syrian citizen who has been recognised as a refugee in Bulgaria cannot be deported to Bulgaria because of the degrading living conditions awaiting him there.

Date of decision: 20-08-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Article 4,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
United Kingdom - M.I (Palestine) v Secretary of State for the Home Department, 31 July 2018
Country of applicant: Palestinian Territory

Court ruled upon the correct test to use when considering returns to Palestine.

Date of decision: 31-07-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15,European Union Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
CJEU - C-585/16 Alheto, 25 July 2018
Country of applicant: Palestinian Territory

Where a person is registered with UNRWA and then later applies for international protection in a European Union Member State such persons are in principle excluded from refugee status in the European Union unless it becomes evident, on the basis of an individualised assessment of all relevant evidence, that their personal safety is at serious risk and it is impossible for UNRWA to guarantee that the living conditions are compatible with its mission and that due to these circumstances the individual has been forced to leave the UNRWA area of operations. 

 

Date of decision: 25-07-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 1,Article 5,Article 10,Article 13,Article 33,Article 35,Article 38,Article 46,Article 51,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 2,Article 4,Article 5,Article 7,Article 9,Article 12,Article 15,Article 17,Article 21,Article 40
ECtHR, M.A. v. France (No. 9373/15) 2 July 2018
Country of applicant: Algeria

The applicant, an Algerian national convicted in France for terrorism and banned from entering French territory in 2006, was sent back to Algeria in 2014, on the day he was notified of the rejection of his asylum claim and of the issuance of his return order. The Court found that the French authorities violated Article 34 of the Convention by carrying out the applicant’s transfer despite the Court’s interim measure. It also found that France violated Article 3, in the light of the general information regarding the situation of people suspected of international terrorism in Algeria.

Date of decision: 02-07-2018
Relevant International and European Legislation: Art 12,Art 33,Article 3,Article 13,Article 34,Article 35,Article 4
UK - The Secretary of State for the Home Department v MA (Somalia), Court of Appeal (Civil Division), 2 May 2018
Country of applicant: Somalia

UK Court of Appeal rules on the correct test to use when making a decision on cessation of refugee status.

Date of decision: 02-05-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 7,Art 9,Art 4,Art 11,Art 1A,European Union Law,International Law,Art 1C
CJEU – C-353/16, MP v Secretary of State for the Home Department
Country of applicant: Sri Lanka

The fact that a person cannot be repatriated under Article 3 of the ECHR does not imply that that person should be granted a leave to reside in the host country by way of subsidiary protection under Directive 2004/83. The person concerned is eligible for subsidiary protection only if there is a real risk of him being intentionally deprived, in his country of origin, of appropriate health care.

Date of decision: 24-04-2018
Relevant International and European Legislation: Art 2 (e),Art 2,Art 18,Art 15,Art 4,Art 6,Art 4.4,Recital 6,Recital 25,Article 5,Article 3,Recital (12),Recital (34),Article 2,Article 4,Article 6,Article 15,Article 16,Article 18,Art. 3