Case summaries
An applicant will not be subject to risk of ill treatment under Articles 2 and 3 of the ECHR, either because of the general security situation in Libya or the applicant’s previous work affiliated with the Gaddafi regime. The Court found that the situation in Libya was not such that the applicant would face ill treatment upon return and that the documents submitted to prove otherwise were of low evidentiary value.
Article 4(1) of Directive 2004/83 requires the determining authority, under its duty of cooperation, to obtain up-to-date country of origin information and, where relevant, a medico-legal report on the applicant’s mental health; a breach of that duty does not automatically lead to annulment unless it may have affected the outcome.
Under Directive 2005/85, delays in the asylum procedure cannot be justified by legislative changes and, on their own, do not warrant setting aside a decision absent an impact on the outcome.
Article 4(5)(e) of Directive 2004/83 means that a false statement later explained and withdrawn at the first opportunity does not, by itself, undermine the applicant’s general credibility.
Rejection of the re-application of Lebanese nationals as inadmissible "subsequent applications" under Directive 2013/32/EU.
HIV-related marginalisation and discrimination can reach the threshold of seriousness to establish persecution but is not sufficient to be granted international protection. In order to benefit from international protection, it must be established that there are personal reasons for a well-founded fear of being persecuted due to HIV-contamination. In this context, seropositivity can be regarded as being part of a social group, which is a valid persecution ground. In the case at hand, the Court took into account aspects of vulnerability which are unrelated to HIV-status.
Court ruled upon the correct test to use when considering returns to Palestine.
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.
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.
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.
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.
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.