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Portugal - First Section of the Supreme Administration Court, 18/05/2017, proc. nº: 0306/17
Country of applicant: Kyrgyzstan

It is an appeal against the decision handed down by the Northern Central Administrative Court that denied the request to annul the order issued by the National Director of the Aliens and Borders Service.

The appeal was declared well-founded by the Supreme Administrative Court, considering the disregard of an essential formality that the law prescribes. Therefore, the decision determined the revocation of the judgment under appeal and the annulment of the contested act.

Date of decision: 18-05-2017
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 - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,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
UK - LC (Albania) v The Secretary of State for the Home Department and The United Nations High Commissioner for Refugees, 9 May 2017
Country of applicant: Albania
Keywords: Assessment of facts and circumstances, Persecution Grounds/Reasons, Unaccompanied minor, Refugee Status, Sexual orientation

This case dealt with the issue of whether the Supreme Court’s four-stage test for the determination of sexual orientation asylum claims, set out in HJ (Iran) and HT (Cameroon) v Secretary of State for the Home Department (“HJ (Iran)”), still held good, specifically the third and fourth stages which draw the distinction between those who would conceal their sexual orientation and whether the material reason for that is fear of persecution or for other reasons.
 

Date of decision: 09-05-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
Germany – Administrative Court Cottbus, 28. April 2017, 1 L 568/16.A
Country of applicant: Russia
Keywords: Medical Reports/Medico-legal Reports, Procedural guarantees

A grave psychological disease (post-traumatic stress disorder – PTSd) is a reason to grant interim legal protection against deportation, if the applicant is in a state of self-endangerment or potentially suicidal in case of a deportation.

Date of decision: 28-04-2017
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 - Family Reunification Directive, Directive 2003/86/EC of 22 September 2003,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011
UK – F v M and A (a child) and Secretary of State for the Home Department Joint Counsel for the Welfare of Immigrants (Interested Party), Case No: FD15P00103, 26/04/2017
Country of applicant: Pakistan
Keywords: Actor of persecution or serious harm, Best interest of the child, Relevant Facts, Refugee Status, Child Specific Considerations, Family member, Return

Following the careful examination of International, European and domestic law, the Court concluded that the grant of refugee status supersedes any order made by a Family Court (regarding the return of the child to Pakistan), because it is the Secretary of State for the Home Department  that is the entrusted public authority to deal with asylum matters.  However, were the Family Court to discover new facts, the relevant public authority would be responsible, in principle, under the tenets of UK Administrative Law to review their decision. 

Date of decision: 26-04-2017
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,Art 2,Art 18,Art 24,Art 12,Art 17,Art 15,Art 4,Art 4,Art 8,Art 13,Art 14,Art 10,Art 12,Art 14,Art 1,Art 1A,Art 32,Art 21,Art 33,Art 13,Art 37,Art 38,Art 7,Recital 12,Art 22,Art 41,Article 3,Article 8
United Kingdom - The Queen on the application of Mohamed Al-Anizy v Secretary of State for the Home Department, 25 April 2017
Country of applicant: Kuwait
Keywords: Effective access to procedures, Best interest of the child, Relevant Facts, Refugee Status, Family unity (right to), Child Specific Considerations, Responsibility for examining application, Dependant (Dependent person), Family member, Family reunification

Judicial review to challenge the failure/refusal of the Secretary of State for the Home Department (“SoS”) to determine the application of the applicant’s spouse and two youngest children for family reunification in the UK on the following grounds: a failure to apply the SoS published policy; irrationality; breach of all the family members’ rights under Art. 8 ECHR; and (regarding the two children in the UK), breach of the duties owed under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”).

The Upper Tribunal found that:

1) the Home Office family reunification policy embraces a series of flexible possibilities for proof of identity;

2) the reunion applications were not examined and determined which involves a public law misdemeanour within the applicant’s grounds for challenge; and

3) in any case where withdrawal or a consent order is proposed judicial scrutiny and adjudication are required.

Date of decision: 25-04-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 23,European Union Law,Council of Europe Instruments,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 12,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
France – Council of State, 21 April 2017, n° 399780
Country of applicant: Bangladesh
Keywords: Country of origin information, Refugee Status, Membership of a particular social group, Sexual orientation

The fact that the membership of a particular social group is not subject to specific repressive criminal provisions has no incidence on the granting of refugee status.

Date of decision: 21-04-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,European Union Law,International Law
United Kingdom - VB and Another (draft evaders and prison conditions) Ukraine Country Guidance, 1 March 2017
Country of applicant: Ukraine
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Subsidiary Protection, Real risk

It is not reasonably likely that a draft-evader would face criminal/administrative proceedings in Ukraine but there is a real risk that a person sentenced to imprisonment in Ukraine would be detained on arrival there and that detention conditions would breach Article 3 ECHR.

Date of decision: 01-03-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (b),Art 2 (e),Art 4.3,Art 2,Art 18,Art 15,Art 4,Art 2 (f),European Union Law,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,UN Convention against Torture
Ireland - DN (A minor suing by his mother and next friend, AS) AS v The Chief Appeals Officer and the Minister for Social Protection, 16 February 2017
Keywords: Best interest of the child, Delay, Reception conditions, Accommodation centre

This case concerned the back dating of child benefit for families who were previously in the asylum procedure. 

Date of decision: 16-02-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 28,European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,EN - Convention for the Protection of Human Rights and Fundamental Freedoms
Ireland - NN -v- The Minister for Justice and Equality & Ors, 15 February 2017,
Country of applicant: Congo (DRC)
Keywords: Burden of proof, Country of origin information, Credibility assessment

An application, by way of judicial review, for an order of certiorari to quash the decision of the second named defendant (that being the International Protection Appeals Tribunal) on the basis of the application of the incorrect standard of proof being applied, credibility assessment and disregard of notice of appeal and country of origin information. 

Date of decision: 15-02-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,UNHCR Handbook,European Union Law,International Law
Belgium – Council for Alien Law Litigation, 10 February 2017, n 182.109
Country of applicant: Congo (DRC)
Keywords: Exclusion from protection

After having committed several offences qualified as being of a ‘particular gravity’, Mr.O’s refugee status was revoked on April 21st 2006.

Upon appeal to the Council of Alien Law Litigation (‘CALL’), the question of the validity of article 55/3/1 of December 15th 1980 law (the ‘1980 Law’) arose. Although it is established that this provision is transposing article 14(4) of the Directive 2011/95/EU, its compatibility with the Geneva Convention must be verified.

The Council refuses then to pronounce itself on the question, arguing the competency of such matter is vested in the Court of Justice of the European Union.

Date of decision: 10-02-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 12,Art 17,Recital 4,Recital 21,Art 14,Art 1,Art 1A,Art 32,Art 1F,Art 33,Recital 16,Recital 12,European Union Law,International Law,EN - Charter of Fundamental Rights of the European Union,Article 18,Recital 14,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78