Case summaries

Three third country nationals applied for lawful residence in the Netherlands and sought access under the Directive 95/46 (the Data Protection Directive) to an official administrative document (a ‘minute’) containing legal analysis in relation to the decisions on their applications.

The CJEU found that the legal analysis in itself did not constitute ‘personal data’ within the meaning of the Directive and as such there had been no infringement of the applicants’ right of access to data. In addition, Article 41(2)(b) of the Charter of Fundamental Rights of the European Union must be interpreted as meaning that the applicant for a residence permit cannot rely on that provision against the national authorities, as it is not addressed to the Member States. 

The case concerns the interpretation of Directive 2004/83 and clarifies that the Irish legislation requiring seekers of international protection to follow two separate procedural stages: application for refugee status, and in case of refusal, application for subsidiary protection, is not contrary to EU law if the two applications can be introduced at the same time and if the application for subsidiary protection is considered within a reasonable period of time.

The right to good administration includes the right of any person to have his or her affairs handled impartially and within a reasonable period of time.

The Supreme Court held that a person who is resisting a Dublin  transfer to the Member State responsible for processing the applicant's asylum claim need not show that there is a “systemic deficiency” in that Member State’s asylum system, rather that the conditions in that Member State would expose the person to inhumane and degrading treatment as prohibited by Article 3 ECHR. 

The Migration Court committed serious breaches of procedure in an asylum case (in which grounds arising sur place were cited), as the Court failed to respond to all requests, state its assessment of political activity sur place, or communicate important written documents.

Greek detention conditions and lack of effective review violate Iranian asylum seeker’s Article 3 and Article 13 rights, but complaint against removal declared inadmissible and detention ruled to be lawful and non-arbitrary.

This High Court ruling is in relation to a deportation order issued to remove three failed asylum seekers from Ireland. The case also deals with unlawful detention under Art. 40.4.2 of the Constitution and the inviolability of the dwelling under Art 40.5 of the Constitution. 

A stateless Palestinian woman from Syria who was registered with the UNRWA but who was no longer receiving support from the organisation was granted refugee status by the Migration Court of Appeal, and the case was returned to the Swedish Migration Board for re-examination of the period of validity of the residence permit.

The Asylum Court violated the right of access to the courts by rejecting an appeal in a case where an application for family reunification had been submitted at an Embassy. The asylum authorities acted arbitrarily in assuming that there was no legal entitlement to a formal notification of the decision in writing on such an application.

The ban on the introduction of new matters in appeal proceedings as stipulated in the Asylum Act does not violate the right of access to the courts contained in the Charter of Fundamental Rights of the European Union as it represents a proportional restriction.

The Returns Directive does not permit an entry ban to be time limited only in circumstances where the recipient makes an application for such.