Case summaries

CJEU rules on the correct processing of applications for international protection lodged separately by family members and the interrelationship between them.

The Federal Administrative Court has to clarify whether the petition for action directed solely at the obligation to decide on the asylum application is admissible. The question if it is also possible to directly oblige the defendant to grant international protection or to establish prohibitions on deportation by means of an action is not the subject of the decision. As a result, the court comes to the conclusion that there was a delay by the respondent of providing the decision on the asylum application without sufficient reason and that the plaintiff has a need for legal protection for its action for failure to act.

The case concerns the validity of the first subparagraph of Article 8(3)(a) and (b) of the Receptions Conditions Directive in the light of Article 6 of the Charter of Fundamental Rights. 

An asylum applicant who was a victim of previous persecution in their country of origin can be granted refugee status under article 1, C 5) of the Geneva Convention. This is because, due to the severity of the treatment applied, the applicant’s fear is exacerbated to such an extent that, even if the persecution has ceased to exist, a return to the country of origin would be unthinkable. 

If an application for protection has been heard at first instance and the applicant there had the opportunity of a full examination including a personal interview and was given a transcript or report of the interview; and if it was there determined that the application is manifestly unfounded; then EU asylum law in particular Directive 2013/32/EU allows the national court or tribunal to dismiss an appeal without allowing the applicant  a further opportunity to be heard.

However, a hearing may be conducted if the court hearing the appeal considers it necessary for the purpose of ensuring that there is a full and ex nunc examination of both facts and points of law, as required under Article 46(3) of the Directive.

This case is concerned with whether an appeal against the lawfulness of an asylum applicant’s detention was allowed. Thus the prejudicial question was formulated questioning whether the measure under article 8(3)(a-b) recast Reception Conditions Directive is valid with regards to the provisions in Article 6 Charter of Fundamental Rights of the EU (CFREU) subject to Article 5 European Convention on Human Rights (ECHR).

Termination of an applicant’s international protection status (ie where there is a change or termination of protection grounds) must be examined against the principle of non-refoulement, which ensures the right to a fair and efficient procedure in which the Asylum authority assesses if non-refoulement would be violated where protection ceases.

It results from the principle of non-refoulement that the applicant in proceedings on termination of subsidiary protection must have the possibility to state all the reasons for which subsidiary protection should not cease.

In the process of renewal of subsidiary protection all the guarantees provided by Article 18 of the Constitution (Prohibition of Torture) should be respected.

Legislation which limited the assessment of the competent authority in the subsidiary protection renewal procedure only to the grounds based on which an individual has been granted subsidiary protection, is inconsistent with the right set out in Article 18 of the Constitution.