Belgium, Council of Alien Law Litigation, 30 October 2019, no. 228 238 in case RvV 229 233/IV
Keywords:
| Keywords |
|
Credibility assessment
Description
Assessment made in adjudicating an application for a visa, or other immigration status, in order to determine whether the information presented by the applicant is consistent and credible. |
|
Individual assessment
Description
The carrying out of an assessment on an individual and personal basis. In relation to applications for international protection, per Article 4(3) of the Qualification Directive, this includes taking into account: (a) all relevant facts as they relate to the country of origin at the time of taking a decision; (b) the relevant statements and documentation presented by the applicant; “(c) the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant's personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm; (d) whether the applicant's activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether these activities will expose the applicant to persecution or serious harm if returned to that country; (e) whether the applicant could reasonably be expected to avail himself of the protection of another country where he could assert citizenship.” |
|
Internal protection
Description
Where in a part of the country of origin there is no well-founded fear of being persecuted or no real risk of suffering serious harm and the applicant can reasonably be expected to stay in that part of the country. |
|
Family member
Description
"Generally, persons married to a migrant, or having a relationship legally recognised as equivalent to marriage, as well as their dependent children and other dependants who are recognised as members of the family by applicable legislation. In the context of the Family Reunification Directive 2003/86/EC (and 2003/109/EC, Long-Term Residents), a third-country national, as specified in Article 4 of said Directive and in accordance with the transposition of this Article 4 into national law in the Member State concerned, who has entered the EU for the purpose of Family Reunification… In the context of Asylum, and in particular Council Regulation (EC) 343/2003 (Determining responsible Member State for Asylum claim), this means insofar as the family already existed in the country of origin, the following members of the applicant's family who are present in the territory of the Member States: (i) the spouse of the asylum seeker or his or her unmarried partner in a stable relationship, where the legislation or practice of the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to aliens; (ii) the minor children of couples referred to in point (i) or of the applicant, on condition that they are unmarried and dependent and regardless of whether they were born in or out of wedlock or adopted as defined under the national law; (iii) the father, mother or guardian when the applicant or refugee is a minor and unmarried." |
|
Health (right to)
Description
Member States shall ensure that applicants receive the necessary health care which shall include, at least, emergency care and essential treatment of illness. Member States shall also ensure that beneficiaries of refugee or subsidiary protection status have access to health care under the same eligibility conditions as nationals of the Member State that has granted such statuses. |
Headnote:
Given the condition of Greek health care, a person with a neurological condition, who requires medical follow-up and who has a family, may rightfully invoke Article 3 ECHR to block her, and her family’s, transfer to Greece.
Facts:
The Syrian applicant and his family members (his spouse and four children) obtained refugee status in Greece on 21 April 2017, which included a right of residence until 21 April 2020. After their successful application in Greece, the family moved to Belgium, where they lodged a new application for international protection. During their interview before the Belgian asylum authorities, the Commissioner General for Refugees and Stateless Persons (CGRS), the applicant and his spouse lied about their refugee status in Greece. Ultimately, the CGRS discovered this and deemed their application in Belgium not admissible.
Decision & reasoning:
The Council initially considers, on the basis of the parties’ written submissions, that the living conditions and the guaranteed access to basic rights in Greece, originating from the EU-acquis on asylum, do not constitute conditions contrary to Article 3 ECHR. Furthermore, it admits that there are deficiencies in the Greek asylum procedure and reception conditions but underlines that these deficiencies are not ‘systemic’ and, therefore, not sufficient to suspend transfers to Greece. However, the Council emphasizes that the applicant can object to his return on the basis of individual vulnerabilities, but he does not provide in concreto evidence that this is the case.
Outcome:
Appeal granted.
Relevant International and European Legislation:
Cited National Legislation:
| Cited National Legislation |
| - Belgian Law of 15 December 1980 on access to national territory |
Other sources:
United Chambers RvV, 8 June 2018, no. 205 104