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Federal Constitutional Court, Court Order of the First Chamber of the Second Senate, 25 March 2020, 2 BvR 113/20
Country of applicant: Pakistan

The right to be heard (Art. 103 par. 1 German Basic Law - Grundgesetz) guarantees every party access to all documents relevant for the decision, which includes status reports on the applicant’s country of origin in asylum cases.

The right to be heard also guarantees that the court takes all information and evidence into account presented by the applicant. § 74 Abs. 2 Asylum Act (Asylgesetz) limits the time period in which an applicant may present information and evidence to one month, however this only refers to information and evidence concerning the applicant’s personal experiences (individueller Lebensbereich). Information and evidence i.e. on the overall situation in the country may also be presented after a month.

 

Date of decision: 25-03-2020
WA (Pakistan) v The Secretary of State for the Home Department, 2019
Country of applicant: Pakistan
This case dealt with the issue of the whether the guidance of MN and others Pakistan CG [2012] was still accurate in terms of asylum protection due to failing to ask the question of why an individual would act in a discreet way in their country of origin. This question draws the distinction between concealment of faith due to fear of persecution or simply due to social norms or personal preference.
 
WA sought to challenge the correctness of the guidance in MN and others Pakistan CG [2012] in that it failed to properly reflect the judgement of HJ (Iran) test of asking why an individual would act in a particular way to avoid persecutory harm in their country of origin. The unanimous judgement allowed the appeal and remitted the case back for a hearing. 
 
Date of decision: 06-03-2019
Greece - Administrative Court of First Instance of Kavala, Decision no. 407/2018, 17 December 2018
Country of applicant: Pakistan

The continuation of detention beyond the period of 90 days, while the appeal against the decision rejecting the asylum application was still pending, is a disproportionate measure of deprivation of liberty for the applicant. Alternative measures must be considered.

Date of decision: 17-12-2018
CJEU – C 213/17 (X), 5 July 2018
Country of applicant: Pakistan

The case concerned the application of a take back request under the the Dublin III Regulation where an asylum applicant has lodged multiple asylum applications in two different Member States and is the subject of a European Arrest Warrant.

Date of decision: 05-07-2018
UK – F v M and A (a child) and Secretary of State for the Home Department Joint Counsel for the Welfare of Immigrants (Interested Party), Case No: FD15P00103, 26/04/2017
Country of applicant: Pakistan

Following the careful examination of International, European and domestic law, the Court concluded that the grant of refugee status supersedes any order made by a Family Court (regarding the return of the child to Pakistan), because it is the Secretary of State for the Home Department  that is the entrusted public authority to deal with asylum matters.  However, were the Family Court to discover new facts, the relevant public authority would be responsible, in principle, under the tenets of UK Administrative Law to review their decision. 

Date of decision: 26-04-2017
Poland – Supreme Court, 2 March 2017 r., S.C., Z.C. and F.C., syg. Akt II KK 358/16
Country of applicant: Pakistan

The application of S.C. and her minor children Z.C. and F.C. related to the cassation of an Appeal Court judgement regarding compensation for the harm they suffered as a result of an indisputably unjust decision to place the Applicants in a Guarded Detention Centre for Foreigners. The Supreme Court reversed the challenged judgement and passed the case to the Appeal Court for re-consideration. 

Date of decision: 02-03-2017
Ireland - SWA v Refugee Appeals Tribunal & Ors, 30 January 2017
Country of applicant: Pakistan

This case concerned a judicial review challenge of a Refugee Appeals Tribunal decision where the Court held that there must be a thorough analysis as to the forward looking fear of a person being returned to Pakistan on account of their religion.

Date of decision: 30-01-2017
Germany – Administrative Court Hanover, 19 January 2017, 11 B 460/17
Country of applicant: Pakistan

1. An application for asylum lodged in Germany only qualifies as a subsequent application within the meaning of section 71a of the Asylum Act, interpreted in conformity with the constitution, if the first asylum procedure in a country that is generally determined to be a safe third country has actually been conducted in compliance with the 1951 Refugee Convention as well as the European Convention on Human Rights (ECHR).
This is not the case, where, at the time of the decision, there have been systemic deficiencies in the asylum procedures of the third country which have put the applicant at risk of an inhuman or degrading treatment within the meaning of Art. 4 of the EU Charter of Fundamental Rights and Art. 3 of the ECHR.

2. The procedure to determine whether a second asylum procedure is to be conducted also requires a personal interview of the applicant. Such an interview is only dispensable where the Federal Office of Migration and Refugees (Federal Office) can either decide on the basis of the information received on the merits of the decision whether the new application constitutes a new submission or assess already on the basis of the detailed written explanations of the applicant reliably and safely that the submission is clearly and manifestly inconsistent.

Date of decision: 19-01-2017
Poland - Judgement of the Supreme Court II KK 314/16 from 16 December 2016 quashing the judgement of the district court and referring the case back to the district court for reconsideration
Country of applicant: Pakistan

The Supreme Court granted the cassation complaint lodged by the Polish Ombudsman in the case of a persecuted journalist forced to leave the country together with her son and accused of deception in order to obtain attestation of false information (in a form of a visa issued by a Consul). The Supreme Court agreed that there was a reasonable doubt with regard to the circumstances of the case and the guilt of the defendant. In the view of the Court, even if the defendant acted in a way which could be defined as deception in order to obtain attestation of false information, the circumstances of the case, the statements of the defendant and her clarifications should lead to a question whether the defendant could have acted in a state of necessity (i.e. the sole means by which she could have safeguarded an essential interest from a grave and imminent peril was to sacrifice another interest of lesser importance) while leaving the country.

Date of decision: 16-12-2016
Hungary - Szeged Administrative and Labour Court, 5 December 2016, 10.Kpk.28.795/2016/3
Country of applicant: Pakistan

Asylum authority’s decision regarding the application of the safe third country principle quashed. The Court pointed out that the application of the STC principle is ‘absolutely unacceptable.’

Date of decision: 05-12-2016