Case summaries
The applicant, a minor, an Afghan citizen, ethnic Pashtun and a Sunni Muslim from Chahar Dara district in Kunduz Province, feared if returned to Afghanistan he would be killed or forcibly recruited by the Taliban.
The Board notes that the applicant is 15 years old, Pashtun, illiterate and the eldest son of the family where the father was killed in 2015. Further, the Board notes that according to country of origin information it is credible that the Taliban recruits young men and boys in Chahar Dara.
With reference to the applicant being a minor and without a network the Board did not find the internal flight alternative relevant or reasonable.
The Board hereafter found that the applicant had rendered probable that if returned to Afghanistan he would risk suffering serious harm covered by the Danish Aliens Act Art. 7 (2) and granted the applicant subsidiary protection under this article.
Analysing the legality of the refusal to grant child benefit payments to parents who are not habitually resident within the State for the benefit of their children.
The applicant was granted refugee status under the Danish Aliens Act Art. 7 (1) because of the threat of forced marriage in Afghanistan. The applicant belonged to the particular social group of “widows in risk of forced marriage”. The Afghan State is neither willing nor able to protect women against persecution in case of forced marriage. Internal protection was not available to the applicant.
The Court quashed the decision of the Office of Immigration and Nationality (OIN) based on the fact that it did not meet its duty to actively provide the Applicant the possibility to resolve contradictions in his statements, as required by Article 16 of the Recast Procedures Directive (RPD).
The Court found that the new DL 34/2008 in no way affects the legal regime established by the previous Law 27/2008, which secures the right to a legal procedure free of judicial costs in asylum claims. The Law 27/2008, altered by the new Law 26/2014, does not establish a cost exemption, which, if it did, would be then regulated by the DL 34/2008.
The Court quashed the decision of the Office of Immigration and Nationality (OIN) because it failed to carry out a proper establishment of facts as required by the Dublin III Regulation.
Taking into account, on the one hand relevant facts applicable to the administration and on the other hand facts relevant to the personal situation of the applicant, the Council of State rejects an appeal directed against a court order from the Administrative Tribunal of Toulouse denying the applicant’s accommodation request due to the lack of urgency of the applicant’s situation.
The transfer of asylum seekers from Belgium to Austria, under the Dublin Regulation, is contrary to the principle of due diligence, because the government has failed to obtain information on the effects of the moratorium of the processing of asylum applications in Austria.
Decision about the (provisional) taking care of an unaccompanied refugee minor and clarification of the steps to verify the age.
The Slovenian legislature has not fulfilled its obligations under the provisions of Article 2(n) of the Dublin Regulation. The possibility of an analogous application of Article 68 of the Aliens Act-2 has a very weak basis in terms of the objective criteria required. It can only be sufficient in a particular case if in light of the specific circumstances of the case there is no doubt about the existence of the risk of absconding.