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CJEU - Case C-82/16 K.A. and Others, 8 May 2018
Country of applicant: Albania, Armenia, Guinea, Kenya, Nigeria, Russia, Uganda

Requests for family reunification must be examined even if the third-country national, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban. Whether there is a relationship of dependency between the third-country national and the EU citizen and whether public policy grounds justify the entry ban must be assessed on a case-by-case basis.

Date of decision: 08-05-2018
Netherlands – Court of The Hague, 24 November 2015, AWB 15/19968
Country of applicant: Armenia

No obligation rests upon the asylum seeker to voluntarily and of their own accord go to the Member State that will examine the asylum application under the Dublin Regulation as this obligation rests primarily on the Member States. Neither the failure to leave, nor the lack of adequate resources, can form the basis for a custodial measure.

Date of decision: 24-11-2015
ECtHR - Case of Sargsyan v. Azerbaijan, Application no. 40167/06, 16 June 2015
Country of applicant: Armenia

When due to security reasons an individual cannot be allowed to return to his home where he has lived most of his life, the State has to adopt any other available positive measure to restore his property rights or to provide him with compensation in an appropriate time. Otherwise a violation of both Art. 8 of the Convention and Art. 1 of Protocol No. 1 may occur. 

Date of decision: 16-06-2015
France - Council of State, 16 May 2012, No. 331855
Country of applicant: Armenia

Article L. 712(1) (b) of the CESEDA requires the asylum judge to examine whether the circumstances allow the risks referred to in this provision to be regarded as proven. The protection provided for in this Article is only granted where there is a real, rather than possible, risk of inhuman or degrading treatment in the event of a return to the Applicant’s country of origin. 

Date of decision: 16-05-2012
France - Council of State, 13 February 2012, n° 356457
Country of applicant: Armenia

An administrative authority seriously and manifestly illegally violated the right to asylum by refusing on principle to register an asylum application on the sole ground that the party concerned would not be accompanied by an interpreter for an additional interview. That situation constituted an emergency situation pursuant to article L. 521-2 of the French Code of Administrative Justice.

Date of decision: 13-02-2012
Austria - Constitutional Court, 15 December 2011, U760/11
Country of applicant: Armenia

After six and a half years of single asylum proceedings, the Applicants, a family with three children who were well-integrated in Austria, , were expelled by the Asylum Court to Armenia. The Constitutional Court revoked this decision on the grounds of a violation of Art 8 of the European Convention on Human Rights. The reasons for this were primarily that the integration of the children was given insufficient weight.

Date of decision: 15-12-2011
CJEU - C-329/11 Achughbabian Alexandre Achughbabian v Préfet du Val-de-Marne
Country of applicant: Armenia
Keywords: Detention

The case concerned whether the Returns Directive precludesnational legislation providing for the imposition of a sentence of imprisonment on a third-country national on the sole ground of their illegal entry or residence in national territory.

Date of decision: 06-12-2011
Austria - Constitutional Court (VfGH), 05 December 2011, U2018/11
Country of applicant: Armenia

Because the Asylum Court refused the appeal only one day after service of the ruling on the appointment of a legal advisor, the Applicant was not granted an appropriate period of time to use the legal advice and any representation in the proceedings and it was therefore made impossible for him to exercise his rights effectively in the proceedings.

Date of decision: 05-12-2011
ECtHR - M. and Others v. Bulgaria, Application No. 41416/08
Country of applicant: Afghanistan, Armenia

M’s detention pending deportation, for over 2 years and 8 months, was processed without sufficient safeguards against arbitrariness and delay, resulting in four separate violations of the Convention.

Date of decision: 26-10-2011
Slovakia - Supreme Court of the Slovak Republic, 16 March 2011, V.M. v Ministry of Interior of the Slovak Republic, 10Sža 9/2011
Country of applicant: Armenia

In the opinion of the Supreme Court of the Slovak Republic, the decision of the defendant was arbitrary only with regard to the statement that “in view of the fact that there is no legal entitlement to asylum in the territory of the Slovak Republic on humanitarian grounds and in the course of the procedure no facts were found which would have led the Migration Office to such a conclusion, it will not grant asylum on humanitarian grounds under Section 9 of the Asylum Act“, which could not be reviewed due to lack of grounds. 

Date of decision: 16-03-2011