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Germany – Higher Administrative Court Lüneburg, 18 September 2020, 10 LA 193/20
Country of applicant: Iraq

As an extraneous consideration, the Coronavirus pandemic does not justify the suspension of the implementation of Dublin transfer decisions. The de facto suspension of Dublin transfers due to the Coronavirus pandemic does not interrupt the time limit for the implementation of Dublin transfer decisions.

A change of the Member State responsible based on the expiration of the time limit for transfer does not depend on the accountability of the requesting Member State for the impossibility to carry out the transfer.

 

Date of decision: 18-09-2020
ECtHR – Z.A. and Others v. Russia, Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16, 21 November 2019
Country of applicant: Iraq, Palestinian Territory, Somalia, Syria

Confinement of asylum applicants in an airport transit zone is contrary to Art. 5 § 1 (f) in the absence of any domestic legal basis for the applicants’ deprivation of liberty.

Confinement of asylum seekers left to their own devices in airport transit zones under the control of border authorities, without unimpeded access to shower or cooking facilities, outdoor exercise and medical or social assistance amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time. 

Date of decision: 21-11-2019
Luxemburg - Administrative Tribunal, A. and B (Iraq) v. Ministry for Migration and Asylum, N° 43536, 6 November 2019
Country of applicant: Iraq

An authority examining an application for international protection by an individual already holding protection status in another Member Statemust check whether the protection of fundamental rights is systematically guaranteed by the country already providing international protection. This especially concerns applicants who are entirely dependent on public aid, and, in particular, on the public health system of the country providing them protection. 

Date of decision: 06-11-2019
ECtHR - N.A. v Finland - Application no. 25244/18
Country of applicant: Iraq

The applicant’s complaint is based on the allegation that her father had not left Finland voluntarily but had been forced to return to Iraq because of the decisions already taken by the Finnish authorities. Those decisions, therefore, engaged the responsibility of Finland for having exposed the applicant’s father to a real risk of death, which ended up happening. Finland’s actions amounted to a violation of Articles 2 and 3 ECHR.

Date of decision: 15-10-2019
CJEU – Case C 175/17 X, 26 September 2018
Country of applicant: Iraq

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.

Date of decision: 26-09-2018
Italy - Tribunal of Roma, 18 September 2018, R.G. no. 50192/2018
Country of applicant: Iraq

In the absence of EU rules concerning the procedural requirements with regard to the submission and examination of an application for international protection, Member States must determine those requirements provided that they do not render in practice impossible or excessively difficult the exercise of the right to seek asylum.

Date of decision: 18-09-2018
Germany: Higher Administrative Court for Berlin and Brandenburg, 4th September 2018, OVG 3 S 47.18, OVG 3 M 52.18
Country of applicant: Iraq

A birth certificate is not a decision within the meaning of paragraph 108 FamFG. As a child grows older the need of beeing looked after by both its parents decreases. There is no necessity for interim order in the case of family reunification, when the child is about to come of age, as the right to subsequent immigration is not lost upon the child’s coming of age according to the CJEU.

Date of decision: 04-09-2018
Austria – Constitutional Court – 11. Juni 2018, E 4317/2017-11
Country of applicant: Iraq

Courts must establish the current situation of the region from which the complainant originates or which can be considered as an internal flight alternative and relate it to the individual situation of the complainant in the grounds of the decision.

In the case of a Sunni Iraqi, the lower instance court did not sufficiently consider the complainant’s region of origin, the possibility of return to that region or the possibility of internal flight. Thereby the court violated the right to equal treatment among foreigners.

 

Date of decision: 11-06-2018
Court of The Hague, 19 March 2018, NL 17.11921
Country of applicant: Iraq

In assessing the credibility of a sexual orientation-related claim, personal circumstances have to be taken into account. That a person is not able to elaborate on his awareness and acceptance of his sexual orientation, is not sufficient to conclude that the applicant’s story lacks credibility, when the personal circumstances that explain this inability are considered credible.

Date of decision: 19-03-2018
Court of The Hague, 19 March 2018, NL 17.11921
Country of applicant: Iraq

In assessing the credibility of a sexual orientation-related claim, personal circumstances have to be taken into account. That a person is not able to elaborate on his awareness and acceptance of his sexual orientation, is not sufficient to conclude that the applicant’s story lacks credibility, when the personal circumstances that explain this inability are considered credible.

Date of decision: 19-03-2018