Case summaries
An asylum seeker was prohibited to travel from Ceuta (Spanish autonomous territory) to the Spanish peninsula despite the fact his application for international protection was being examined.
The words "2, 4 and" and the sentence "This shall also apply in the cases of Section 3 para. 2 no. 1, if the decision is connected with the adoption of a measure terminating the stay". in Section 16 para. 1 BFA-Procedural Act (Bundesamt für Fremdenwesen und Asyl Verfahrensgesetz-BFA-VG), violates Article 136 para. 2 B-VG. The provision was repealed by the Constitutional Court as unconstitutional.
The CJEU in this case expanded on its previous ruling of B & D. Whereas previously the scope of the exclusion clause for those engaging in terrorist acts was limited to engaging in, conspiring to or planning an actual act of terrorism with an international dimension, the CJEU has now widened the scope to include those who provide logistical support even where no act of terrorism takes place.
A member state cannot rely on the fact that there are no specialized detention facilities in a part of its territory to justify keeping non-citizens in prison pending their removal.
The CALL required specific facts to be attributable to the Applicant and the existence of a high threshold of seriousness in order to make a finding of acts contrary to the purposes and principles of the United Nations. In this case the CALL refused to exclude the refugee status of an Applicant who had a criminal conviction for participating in the activities of a terrorist group.
While an appeal against a refusal to grant international protection is pending, it is unlawful to expel an applicant before the decision on the case has been issued. The foreign national who has been expelled is entitled to a document that will allow his re-entry into Italy.
This case concerns whether the Tribunal correctly applied the test for internal flight and / or state protection.
This Case concluded that membership of a terrorist organisation is not in itself a sufficient ground for exclusion from refugee status.
The Family Reunification Directive does not make a distinction between whether a family relationship arose before or after the entry of the resident into the Member State. An application for family reunification may not be refused where the sponsor, the resident within EU territory, has proved that he has stable and regular resources which are sufficient to maintain himself and the members of his family, but who, given the level of his resources, will, nevertheless, be entitled to claim special assistance in order to meet exceptional, individually determined, essential living costs, tax refunds, or income-support measures.