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France - Administrative Tribunal of Paris, 25 May 2016, ASSOCIATION CIMADE et al., No. 1602395/3-2

The application was in three parts: the applicants asked the tribunal to annul the police commissioner’s decision on how the registration of asylum requests was carried out in Paris; to compel the police commissioner to re-examine the methods of registration; to fine the state €1500. The first two parts of the application were granted but the third was not. 

 

Date of decision: 25-05-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
Switzerland - Federal Administrative Court, Decision dated 27 April 2016, D-2484/2016
Country of applicant: Algeria

The Federal Administrative Court rules, that the significant risk of absconding for ‘Dublin-detention’ orders must always be assessed on a case-by-case basis. The sole existence of a ground for detention as set out in Art. 76a(2) AuG does not automatically indicate a significant risk absconding. Such an order is unlawful and must be rescinded. The Court ‘warns’ the SEM that the current practices are very concerning and require adaptation.

Date of decision: 27-04-2016
Relevant International and European Legislation: European Union Law,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 2,Article 28,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 9
Germany - Administrative Court Minden, 29. March 2016, 10 L 314/16.A
Country of applicant: Nigeria
Keywords: Dublin Transfer

The Administrative Court Minden has temporarily prohibited the Dublin transfer of a Nigerian refugee to Italy due to systematic deficiencies within the local reception conditions.

Date of decision: 29-03-2016
Relevant International and European Legislation: Article 4,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 8,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
UK - Esmaiel Mohammed Pour (1), Seid Jafar Hasini Hersari (2), Majid Ghulami (3) v The Secretary of State for the Home Department
Country of applicant: Iran

The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims.  A further right to appeal remained with the Cypriot Supreme Court.  The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.

The Court concluded that there was no real risk that the applicants, if returned to Iran from Cyprus, would be refouled there and the inclusion of Cyprus on the list of safe third countries involves no incompatibility with the ECHR.  The Court was wholly unpersuaded that there was any flagrant breach of Article 5 in Cyprus for Dublin returnees who have had a final decision on their claim.

Date of decision: 01-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 25,Art 15,Art 18,Art 32,Art 34,Art 39.1 (c),EN - Charter of Fundamental Rights of the European Union,Article 4,Article 6,Article 19,Art 19.2,Article 47,Article 52,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 20,Article 21,Article 33,Article 40,Article 46,Art 15.2,Art 15.3 (b),Art 15.3 (d),Art 39.3,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 13,Article 15,2.,Art 52.3,Article 2,Article 3,Article 4,Article 5,Article 6,Article 13,Art 5.1,Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 6.3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 23,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9
France - Administrative Tribunal of Paris, decision of 22 February 2016, No 1602545/9
Country of applicant: Afghanistan

The considerable delays of receiving an appointment at the Prefect in order to register an asylum application means that applicants are deprived of legally entitled guarantees, notably material ones. Consequentially such delays constitute a serious and manifestly illegal infringement upon the fundamental right to asylum.

The Police Prefect must register the asylum application within 10 days of the notification of this decision. 

Date of decision: 22-02-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 6,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
CJEU - C‑601/15 PPU, J. N. v Staatssecretaris van Veiligheid en Justitie
Country of applicant: Unknown
Keywords: Detention, Return

Article 8(3)(e) of the recast Reception Conditions Directive fulfils the requirements of proportionality by virtue of the strictly circumscribed framework regulating its use. In light of Article 52(3) of the Charter, Article 8(3)(e) therefore complies with Article 5(1)(f) of the ECHR.

Date of decision: 15-02-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 6,Article 52,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (4),Article 3,Article 7,Article 8,Article 11,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Art 5.1,Art 5.1 (f),Art 5.2,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (15),Recital (16),Recital (17),Recital (18),Recital (20),Recital (35),Article 2,Article 8,Article 9
Portugal - Administrative Litigation Section of the Central Administrative Court, 11/02/2016, proc. nº 12873/16
Country of applicant: Syria

It is an appeal against the decision handed down by the Administrative Court of Lisboa that granted asylum to a Syrian citizen.

The recursive claim was declared unfounded by the Central Court, inter alia because the applicant’s mere transit from Brazil could not be considered as a connecting link that could render Brazil a safe third country.

Date of decision: 11-02-2016
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,Para 203,Para 204,Para 196,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,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
ECtHR - R. T. v Greece, Application No. 5124/11, 11 February 2016
Country of applicant: Iran

The Court found that there had been a violation of Article 3 in relation to detention conditions at Tychero. There was no violation of Article 5(1) insofar as the detention was not arbitrary and was in accordance with a procedure prescribed by law, but there was a violation of Article 5(4) in relation to the ineffectiveness of the judicial review of detention conditions. Further, there was a violation of Article 13 read in conjunction with Article 3, because the Greek authorities had deported the Applicant to Turkey, without verifying whether his asylum claim was still pending. 

Date of decision: 11-02-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 3,Article 5,Article 13,Article 35,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
ECtHR – Amadou v Greece, Application No. 37991/11, 4 February 2016
Country of applicant: Gambia

The Court found a violation of Articles 3 and 5(4) ECHR in relation to the Applicant’s detention conditions at Fylakio and Aspropyrgos, and the shortcomings of domestic law in relation to the judicial review of his detention. 

Date of decision: 04-02-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 3,Article 5,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
United Kingdom - The Queen on the application of ZAT, IAJ, KAM, AAM, MAT, MAJ and LAM v. Secretary of State for the Home Department
Country of applicant: Syria

The Upper Tribunal ordered the Secretary of State for the Home Department to immediately admit four vulnerable Syrians from an unofficial migrant camp in France to the United Kingdom in order to be reunited with refugee family members during the examination their asylum applications. Although they had not applied for asylum in France or been subject to Dublin procedures, the particular circumstances meant that failing to do so would lead to a disproportionate interference with their right to respect for family life. 

Date of decision: 29-01-2016
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,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,Article 7,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 8,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 6,Article 8,Article 10,Article 18,Article 20,Article 21,Article 22,Article 27,Article 29,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,UN Convention on the Rights of the Child