Case summaries
This is a judgment on the cassation appeal against the judgment of the Regional Administrative Court in Warsaw (case ref.: V SA/Wa 934/10) of 5 August 2010 dismissing the appeal against the decision of the Local Government Appeals Court in Warsaw on refusal to grant assistance within the framework of an integration programme for foreigners.
The rights of refugees and of beneficiaries of subsidiary protection in regard to integration assistance should not be withdrawn or denied for the sole reason that they have been convicted of a crime – regardless of whether they committed the crime prior to receiving protection or prior to submitting an application for integration assistance. Such action would not be in the public interest, for it is assumed, in regard to the decision to provide protection to the foreigner, that the state should take steps to facilitate the integration of foreigners.
The authorities may not demand that an asylum seeker exercise restraint in the practice of his religion.
This case deals with whether an applicant, in a system where refugee status determination and subsidiary protection are examined separately, can require the administrative authorities in that State to supply them with the results of the assessment made in advance of a decision when it is proposed that such an application should be refused. The CJEU held that the obligation to cooperation under Article 4(1) of the Qualification Directive cannot be interpreted in that way but in such a separate system the fundamental rights of the Applicant must be respected and in particular the principle of the right to be heard.
The Applicants are not members of a particular social group as defined by the Convention relating to the Status of Refugees, as neither their statements, nor the generally available information would indicate that Serbia considers their citizens originating from Kosovo as a particular group with specific characteristics.
Relying upon the jurisprudence of the ECtHR in relation to ECHR, Article 3 and the decision of the Constitutional Court Up-96/09, as referred to by the court of first instance, the Supreme Court ruled that minimal social and economic protection for an individual who is dependent on state aid does not represent a violation of dignity and therefore does not provide sufficient grounds for subsidiary protection. Poor socio-economic conditions, in which the majority of inhabitants of an individual country have found themselves, do not represent sufficient grounds for subsidiary protection.
The option for the CNDA to determine certain cases without involving a collegiate decision was consistent with French, European and International law and the Applicant did not need to be notified of the intention to use this procedure.
An Iraqi man, previously a member of the Ba'ath Party, was granted refugee status. There were not found to be any grounds for exclusion. The man's son was also granted refugee status, with reference to the principle of family unity.
The case concerned complaints under Article 5 § 1 by asylum
seekers staying at the Debrecen Reception Centre for Refugees (Hungary) about the unlawfulness of their detention – without effective judicial review – pending the outcome of their asylum claims.
The case concerns an asylum seeker’s complaint under Article 5(1) about the unlawfulness of his detention without effective judicial review, pending the outcome of his asylum claim.
Where information used by the National Asylum Court (CNDA) to reach its decision is information concerning the asylum seeker’s specific situation, it must be kept on file so that the parties can take note of it and discuss it.
Persecution at the hands of political authorities acting for political reasons and with a political objective although not arising from the actual or imputed opinions of the individual concerned.