Case summaries

  • My search
  • Keywords
    1
Reset
Netherlands - AJDCoS, 7 July 2010 , 200907796/1/V2
Country of applicant: Russia

The court confirmed in this case that the assessment framework of Art 4:6 of the General Administrative Law Act, in relation to subsequent asylum applications, is in conformity with the Asylum Procedures Directive.

Date of decision: 07-07-2010
Czech Republic – Supreme Administrative Court, 23 June 2010, A.B. v. Ministry of Interior, 4 Azs 16/2010-47
Country of applicant: Algeria

Even if the conditions for considering a subsequent application as inadmissible are fulfilled, the Ministry of Interior is still obliged to consider whether the applicant is in danger of serious harm upon return to his or her country of origin.

Date of decision: 23-06-2010
Sweden - Migration Court of Appeal, 19 April 2010, UM 6770-09
Country of applicant: Turkey

The applicant could not provide sufficient proof of her claims that she had been subject to honour-related violence. The information was not found credible and did not constitute a permanent impediment for the enforcement of an expulsion order.

Date of decision: 19-04-2010
Belgium – Council for Alien Law Litigation, 18 March 2010, Nr. 40.366
Country of applicant: Cameroon
This case concerned subsequent applications. The CALL ruled that the Immigration Department is not authorised to assess elements put forward to a thorough examination on their merits, but instead to consider whether they have probative value prima facie in order to check whether there are serious indications of a well-founded fear of persecution or a real risk of serious harm.

Documents that only serve to prove facts and situations that have been invoked in earlier procedures and/or to refute the reasons for rejection in earlier decisions, are not new elements within the meaning of Art 51/8 of the Belgian Aliens Law (please see comments section below).
Date of decision: 18-03-2010
Belgium – Council for Alien Law Litigation, 15 March 2010, Nr. 40.136
Country of applicant: Pakistan
The CALL held that “new elements” in the sense of Art 51/8 of the Belgian Aliens Law (please see comments section below) should fulfil three conditions:

(1) be new, i.e. not have been subject to examination in an earlier procedure;
 
(2) relate to facts or situations that occurred after the last phase of the procedure in which the applicant could have submitted them; and
 
(3) be relevant, i.e. contain serious indications of the existence of a well-founded fear or a real risk of serious harm.
 
Regarding the third condition, the CALL added that this appreciation is connected to the probative value, relevance and impact on the applicant’s credibility.
Date of decision: 15-03-2010
Germany - Administrative Court Meiningen, 2 February 2010, 2 K 20113/08 Me
Country of applicant: Vietnam
  1. Refugee status was recognised because of a risk of persecution in case of return to Vietnam due to “exposed” political activities in exile.
  2. Recognition as a refugee was not excluded by Section 28 (2) of the Asylum Procedure Act. Contrary to the case law of the Federal Administrative Court, political activities in exile do not constitute “circumstances which the applicant has created by his own decision”  within the meaning of Art. 5.3 of the Qualification Directive , but fall under Art. 5.2. Therefore, Member States have no competence to regulate the meaning of such "activities" by applying Art 5.3. This is also demonstrated in the differentiation in Art. 4.3 (c) and (d). Art. 5 (2) of the Qualification Directive which essentially corresponds with the new Section 28 (1a) of the Asylum Procedure Act, although the term "activities" has not been adopted in the latter provision.
Date of decision: 02-02-2010
Netherlands - Council of State, 8 December 2009, 200706464/1/V2
Country of applicant: Afghanistan

Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.

Date of decision: 08-12-2009
Netherlands - Council of State,8 December 2009, 200706464/1/V2
Country of applicant: Afghanistan

Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.

Date of decision: 08-12-2009
Sweden - Migration Court of Appeal, 3 December 2009, UM 4081-09
Country of applicant: Afghanistan

If re-examination of a case under the Aliens Act Chapter 12 Section 19 (provides for re-examination of a claim on the presentation of information supporting a need for international protection) has been granted, the Migration Board cannot deny a residence permit without an oral healing having been held.

Date of decision: 03-12-2009
Belgium – Council of State, 21 October 2009, Nr. 187.209
Country of applicant: China (Tibet)

The Council of State ruled that new evidence submitted in a subsequent application for asylum that is relied upon to prove facts and circumstances in the first application and/or to refute grounds of refusal of the first asylum application, is not to be considered a new element within the meaning of Art 51/8, Belgian Aliens Law (please see comments section below).

 
Date of decision: 21-10-2009