Cjeu case summaries

The case concerned the conformity of integration requirements for residence permit applicants in Dutch law with Article 15 of Directive 2003/86, regarding autonomous residence permits. The CJEU held that it cannot be excluded that such a residence permit may be dependent on the successful completion of a civic integration examination on the language and society of that Member State. However, the connection of residence permits with integration frameworks cannot go beyond what is necessary for the objective of facilitating integration of third-country nationals.

The CJEU ruled on family reunification visas for the family of an individual with subsidiary protection status. It was found that an application for family reunification based on refugee status can be rejected if it was not made within three months of the sponsor receiving refugee status. However, there must be the possibility of lodging a fresh application under a different set of rules provided that national legislation:

–        lays down that such a ground of refusal cannot apply to situations in which particular circumstances render the late submission of the initial application objectively excusable;

–        lays down that the persons concerned are to be fully informed of the consequences of the decision rejecting their initial application and of the measures which they can take to assert their rights to family reunification effectively; and

–        ensures that sponsors recognised as refugees continue to benefit from the more favourable conditions for the exercise of the right to family reunification applicable to refugees, specified in Articles 10 and 11 or in Article 12(2) of the directive.

The CJEU ruled on whether an individual could appeal a decision which refused refugee status but granted subsidiary protection status, even if the rights and benefits afforded by each international protection status are identical in national law.

A Member State is not required to issue a decision on its own responsibility under Dublin III when, in its capacity as the determining Member State, it found that there is no sufficient evidence to establish responsibility of another Member State. Domestic courts do not have to examine the application of the Dublin criteria ex proprio motu in the context of a review of the rejection of an application for international protection.

Religion is a broad concept that encompasses both internal elements of faith and an external component of manifestation. The applicant does not have to provide documentation and make statements on both elements but has to cooperate with the authorities and substantiate the reasons that his claim of persecution on the grounds of religion is true. The provision of the death penalty in national legislation could constitute an “act of persecution” on its own, provided that the penalty is actually enforced and regardless of whether the measure is considered important for reasons of public order in that country of origin.

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

The CJEU ruled on  the scope of the right to an effective remedy provided for in Article 39 of the Asylum Procedures Directive and in Article 13 of the Returns Directive.

The CJEU ruled on  the scope of the right to an effective remedy provided for in Article 46 of the (Recast) Asylum Procedures Directive and in Article 13 of the Returns Directive.

CJEU rules that Hungarian national law which defines ‘serious crime’ (in the context of exclusion from subsidiary protection) as a crime with a possible custodial of 5 years sentence as incompatible with the Qualification Directive. Instead, each crime must be looked at on an individual basis to ascertain its “seriousness”.  

CJEU (First Chamber) finds appeal against decision of the General Court dismissing the actions for annulment of the ‘EU-Turkey Statement of 18 March 2016’ manifestly inadmissible.

Where a person is registered with UNRWA and then later applies for international protection in a European Union Member State such persons are in principle excluded from refugee status in the European Union unless it becomes evident, on the basis of an individualised assessment of all relevant evidence, that their personal safety is at serious risk and it is impossible for UNRWA to guarantee that the living conditions are compatible with its mission and that due to these circumstances the individual has been forced to leave the UNRWA area of operations.