Case summaries
In order to examine prohibitions of deportation, the Federal Office for Migration and Refugees (BAMF) has to consider the case of each family member even in cases of family associations separately whether deportation prohibitions exist. In this case, the risk assessment must be based on the assumption that a nuclear family living together in the Federal Republic of Germany will return to its country of origin as a family unit. This also applies if individual family members have already been granted a protection status or if national deportation prohibitions have been established.
Conditions in police stations do not justify prolonged detention, while the child’s extreme vulnerability should prevail over irregular status with necessary measures adopted to protect them. Domestic authorities had not done all that could reasonably expected to fulfil their obligation in light of their vulnerability.
The authorities violated Article 5 by automatically applying the protective custody regime, without considering any alternatives to detention or the requirement under EU law to avoid the detention of children.
Detention conditions in Greek police stations and living conditions in Idomeni Camp in northern Greece for five unaccompanied children were in breach of Article 3 of the Convention. A further violation was found in respect of Article 5 § 1 regarding the “protective custody” of unaccompanied children in police stations.
The transfer of a family to the previous country of entry (Bulgaria), which might entail the risk of refoulement to the country of origin (Afghanistan), would cause an irreversible and serious harm; it ordered the suspension of the transfer decision until the final decision, on the annulment of the rejection of the application on the refugee status, was issued.
Neither Austrian law nor the provisions of the Dublin III Regulation provide for legal remedies against a Member State’s rejection of a request for admission. The Dublin Regulation provides for a remonstration procedure between the Member States concerned in the event of a rejection, whereby after expiry of the remonstration period the requesting Member State is finally responsible for examining the application for international protection. A later agreement after the remonstration period has expired cannot establish any responsibility.
The precarious living conditions in Calais and the failure of the French authorities to comply with judicial orders to protect the applicant, in view of his personal circumstances and young age, reach the threshold for a breach of Article 3.
The applicants’ personal circumstances and the general conditions in the country of origin have to be taken into account, when assessing whether an internal flight alternative exists. Relevant sources like the UNHCR guidelines have to be used. Otherwise this constitutes a significant procedural error.
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.
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”.
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.