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CJEU - Case C-560/14, M v Minister for Justice and Equality, Ireland, Attorney General
Country of applicant: Rwanda

The right to be heard does not require, as a rule, that, where national legislation provides for two separate procedures for examining applications for refugee status and applications for subsidiary protection, the applicant for subsidiary protection is to have the right to an interview relating to his application and the right to call or cross-examine witnesses when that interview takes place. However, an interview must be arranged where specific circumstances render it necessary in order to examine an application with full knowledge of the facts.

Date of decision: 09-02-2017
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 15,Art 4,Art 3,European Union Law
CJEU - C-573/14, Commissaire général aux réfugiés et aux apatrides v. Mostafa Lounani
Country of applicant: Morocco

The CJEU in this case expanded on its previous ruling of B & D. Whereas previously the scope of the exclusion clause for those engaging in terrorist acts was limited to engaging in, conspiring to or planning an actual act of terrorism with an international dimension, the CJEU has now widened the scope to include those who provide logistical support even where no act of terrorism takes place. 

Date of decision: 31-01-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Recital 17,Recital 22,Art 1F,Recital 16,European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 12
Ireland - Agha (a minor) & Ors v. Minister for Social Protection & Ors, 17 January 2017
Country of applicant: Afghanistan, Nigeria
Keywords: Refugee Status

Analysing the legality of the refusal to grant child benefit payments to parents who are not habitually resident within the State for the benefit of their children.

Date of decision: 17-01-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 23,Art 28,Art 20,EN - Charter of Fundamental Rights of the European Union,Article 18,Recital 14,Recital 33,Recital 34,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Art 23,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
Germany - Administrative Court Minden, 22 December 2016, 10 K 5476/16.A
Country of applicant: Eritrea

Request to the European Court of Justice for a preliminary ruling in the following issues:

1.       Transfer of responsibility to the requesting member state under the Dublin Regulations due to procedural delay

2.        Interlinked to this question is whether the plaintiff has a right to request a change of Member State’s responsibility.

3.        Additional questions concern compliance with the Dublin Regulations and its correct implementation, primarily                      relating to the point at which an application for international protection is deemed to be filed.

Date of decision: 22-12-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,European Union Law,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),Treaty on the Functioning of the European Union 2010/C 83/01
CJEU - Case C-429/15, Evelyn Danqua v Minister for Justice and Equality Ireland and the Attorney General
Country of applicant: Ghana

Based on the principle of effectiveness, the CJEU ruled that a limit of 15 days to apply for subsidiary protection following a notification of the decision not to grant refugee status is particularly short and cannot be justified by the need to ensure an effective return procedure. The limited period endangers applicants’ ability to submit an application for subsidiary protection.

Date of decision: 20-10-2016
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 (e),Art 2,Art 18,Art 3,Art 2 (f),European Union Law,Art 2 (a)
Spain – Administrative Chamber of the Supreme Court, 4 October 2016, Appeal No 3910/2015
Country of applicant: Ivory Coast

The Spanish Supreme Court’s Administrative Chamber decides on the appeal of an asylum applicant, whose application has been rejected.  The applicant states that upon return to his home country (Ivory Coast) he will suffer a risk of persecution.

However, both the National Court and the Supreme Court ruled that no risk of persecution exists in this case, because there is no enough evidence to conclude on that risk.

Date of decision: 04-10-2016
Relevant International and European Legislation: Art 9,Art 10,Art 6,Article 5,Article 6
UK - R (on the application of Hassan and Another) v Secretary of State for the Home Department (Dublin – Malta; Charter Art 18) IJR, 28 September 2016
Country of applicant: Sudan

The case concerned an application for judicial review of the decisions made on behalf of the Secretary of State to transfer the applicants to Malta, on the basis that such jurisdiction was the proper place for considering the applicants’ asylum claims. The applicants argued that such transfer would violate their rights under Article 18 of the Charter of the Fundamental Rights of the European Union (EU Charter) to have their asylum application determined within a reasonable time and on the basis of a fair procedure, as the Maltese asylum system had several shortcomings and contains procedures that are illusory or too slow. Dismissing the application, the Tribunal concluded that there was no evidence to support the argument that the applicants’ Article 18 rights would be violated if they were transferred to Malta. 

Date of decision: 28-09-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 18,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)
Germany – Administrative Court Berlin, 11 September 2016, 33 K 152.15 A
Country of applicant: Russia (Chechnya)

A renewed application for asylum in a second country is admissible if the nature of international protection applied for differs from the protection already granted. Deportation to the country of the first application or the country of origin is not to be taken into account in this situation.

Date of decision: 11-09-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 17,Art 15,Art 13,Art 14,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 18,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 10,Article 33,Article 40,Article 46,Article 51,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,Article 16,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 18,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 3,Article 12,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78
Ireland - O.M.R v. Minister for Justice and Equality & Others, 2014 No. 585 JR, 6 September 2016
Country of applicant: Nigeria

The issue to be decided in this case was whether the applicant was entitled to judicial review of the decision of the Refugee Applications Commissioners, or whether her complaints could be adequately addressed on appeal to the Refugee Appeals Tribunal. 

Date of decision: 06-09-2016
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 39,European Union Law,EN - Charter of Fundamental Rights of the European Union
ECtHR – J.K. v. and Others v. Sweden, Application No. 59166/12, 23 August 2016
Country of applicant: Iraq

The return of the applicants to Iraq violates Article 3 ECHR as there is a real risk of ill-treatment based on their personal circumstances as a targeted group and the Iraqi authorities’ diminished ability to protect them.

Date of decision: 23-08-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 7,Art 4,European Union Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 41