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Netherlands – Court of The Hague, 19 October 2020, NL20.15181, NL20.15183, NL20.15188 and NL20.15194
Country of applicant: Syria

The reception conditions for beneficiaries of international protection in Bulgaria are such that they may face severe material deprivation due to “indifference” on the part of the authorities (cfr. CJEU, Ibrahim), potentially amounting to a violation of Article 3 ECHR / Article 4 CFREU.

When the State Secretary decides that a request for international protection is not admissible, because the applicants have refugee status in Bulgaria, it is not sufficient for him to refer to the principle of mutual trust between EU Member States and to the Council of State’s jurisprudence, but he is obliged to examine the applicant’ s individual circumstances and to obtain specific information and guarantees from the Bulgarian authorities.

Date of decision: 19-10-2020
R (Joint Council for the Welfare of Immigrants) v Secretary of State for the Home Department, 2019
Country of applicant: United Kingdom

The High Court granted an order under section 4 of the Human Rights Act 1998 that the scheme of “Right to Rent” set out in sections 20-37 of the Immigration Act 2014 was incompatible with ECHR rights, along with a further order that it could not be extended beyond England without a further evaluation. 

Date of decision: 01-03-2019
Austria: Constitutional Court, 12. December 2018, E 1277/2018-13
Country of applicant: Iran

The principle of equality is violated if the amount of minimum benefits is calculated according to the duration of residence in Austria within the last six years. Persons entitled to asylum cannot be treated in the same way as persons who can return to their country of origin at any time

Date of decision: 12-12-2018
CJEU - Case C‑713/17, Ayubi, 21 November 2018
Country of applicant: Unknown

Persons entitled to refugee protection should be accorded the same treatment regarding assistance as provided to nationals of the Member State. Article 29 Directive 2011/95 and Article 23 Geneva Convention do not make this treatment dependant on the length of the applicant’s stay in the Member State. 

A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that legislation.

Date of decision: 21-11-2018
CJEU – Joined Cases C-331/16 K. and C-366/16 H.F., 2 May 2018
Country of applicant: Afghanistan, Bosnia and Herzegovina, Croatia

The fact that a person has been the subject, in the past, of a decision excluding him from refugee status cannot automatically permit the finding that the mere presence of that person in the territory of the host Member State constitutes a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society. A case-by-case assessment is necessary before a measure based on grounds of public policy or public security is adopted. This assessment includes weighing the threat against the protection of the rights of EU citizens and their family members.

Similarly, in order to adopt an expulsion decision with due regard to the principle of proportionality, account must be taken of, inter alia, the nature and gravity of the alleged conduct of the individual concerned, the duration and, when appropriate, the legality of his residence in the host Member State, the period of time that has elapsed since that conduct, the individual’s behaviour during that period, the extent to which he currently poses a danger to society, and the solidity of social, cultural and family links with the host Member State.

Date of decision: 02-05-2018
Germany – Federal Administrative Court, 8 May 2017 – 2 BvR 157/17
Country of applicant: Syria

The right to have recourse to the courts as enshrined in the German constitution (Art. 19 ss. 4 GG) is to be assessed in a thorough and reliable manner if the right to physical integrity (Art. 2 ss. 2 GG and Art. 3 of the ECHR) is at stake. The courts only adhere to this obligation if they carefully assess the evidence brought to them by the applicant considering the specific context of a person who has been granted international protection in a third country. 

Date of decision: 08-05-2017
Belgium – X v. Federal Agency for the Reception of Asylum SeekeBelgium – X v. Federal Agency for the Reception of Asylum Seekers (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258 rs (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258
Country of applicant: Iraq

The principle of material continuity applies to the transition from one form of aid to another. A family who has been granted international protection should be accomodated in reception centers for refugees until they benefit from financial assistance and a stable private housing, even if it means extending the deadline to fins accommodation that had been given to them following their recognition as refugees.

 

Date of decision: 08-03-2016
CJEU - Joined Cases C‑443/14 and C‑444/14, Kreis Warendorf v Ibrahim Alo and Amira Osso v Region Hannover
Country of applicant: Syria

Article 33 of the Qualification Directive, read in conjunction with the Geneva Convention, requires Member States to allow persons to whom they have granted subsidiary protection status not only to move freely within their territory but also to choose their place of residence within that territory.  However, the Directive does not prevent beneficiaries of subsidiary protection status from being subject to a residence condition for the purpose of promoting their integration where said group of persons are not in a comparable situation as non-EU citizens. 

Date of decision: 01-03-2016
CJEU - C‑153/14, Minister van Buitenlandse Zaken v K and A
Country of applicant: Azerbaijan, Nigeria

The first subparagraph of Article 7(2) of the Family Reunification Directive allows the imposition of integration measures of Third Country Nationals in principle. However the general principle of proportionality requires integration measures to actually fulfil the objective of integrating TCNs and not delimiting the possibility of family reunion.

Member States must therefore consider the individual circumstances of the applicant which can lead to dispensing with the integration exam where family reunification would otherwise be excessively difficult.

Date of decision: 09-07-2015
CJEU - C‑579/13, P, S v Commissie Sociale Zekerheid Breda, College van Burgemeester en Wethouders van de gemeente Amstelveen
Country of applicant: New Zealand, United States

The Long- Term Residence Directive (Council Directive 2003/109/EC) does not preclude the imposition of an obligation to pass a civic integration examination, as long as this does not obstruct the objectives pursued by the Directive.

Date of decision: 04-06-2015