Case summaries

Germany - Administrative Court Ansbach, 16. February 2017, AN 6 K 16.01533
Country of applicant: Afghanistan

Decision to authorise legal aid in a process which concerns whether the applicant has a right to access an integration course.

Date of decision: 16-02-2017
Ireland - DN (A minor suing by his mother and next friend, AS) AS v The Chief Appeals Officer and the Minister for Social Protection, 16 February 2017

This case concerned the back dating of child benefit for families who were previously in the asylum procedure. 

Date of decision: 16-02-2017
Denmark - the Refugee Appeals Board’s decision of 15 February 2017
Country of applicant: Lebanon

A Stateless Palestinian and Sunni Muslim from Lebanon, single woman, born and raised in Saudi Arabia who had a conflict with her family because she had had a relationship with a French Christian man and lost her virginity.

The Board found that seen in isolation as a Stateless Palestinian the applicant is covered by the Danish Aliens Act Art 7 (1).

The Board found that because the applicant had never resided in Lebanon, did not have any relation to that country, and due to her conflict with her family and based on country of origin information regarding entry options to Saudi Arabia as well as Lebanon for Stateless Palestinians, neither Saudi Arabia nor Lebanon could be considered as a first country of asylum. Consequently, the applicant was granted refugee status under the Danish Aliens Act Art. 7 (1).

Date of decision: 15-02-2017
Ireland - NN -v- The Minister for Justice and Equality & Ors, 15 February 2017,
Country of applicant: Congo (DRC)

An application, by way of judicial review, for an order of certiorari to quash the decision of the second named defendant (that being the International Protection Appeals Tribunal) on the basis of the application of the incorrect standard of proof being applied, credibility assessment and disregard of notice of appeal and country of origin information. 

Date of decision: 15-02-2017
Ireland - EBS -v- The Refugee Appeals Tribunal & Anor, 13 February 2017

An application seeking leave for judicial review to quash the decision of the Refugee Appeals Tribunal on the basis of the Tribunal failing to take into account relevant information and a misapplication of Regulation 5(2) of S.I. 518 of 2006. 

Date of decision: 13-02-2017
Belgium – Council for Alien Law Litigation, 10 February 2017, n 182.109
Country of applicant: Congo (DRC)

After having committed several offences qualified as being of a ‘particular gravity’, Mr.O’s refugee status was revoked on April 21st 2006.

Upon appeal to the Council of Alien Law Litigation (‘CALL’), the question of the validity of article 55/3/1 of December 15th 1980 law (the ‘1980 Law’) arose. Although it is established that this provision is transposing article 14(4) of the Directive 2011/95/EU, its compatibility with the Geneva Convention must be verified.

The Council refuses then to pronounce itself on the question, arguing the competency of such matter is vested in the Court of Justice of the European Union.

Date of decision: 10-02-2017
CJEU - Case C-560/14, M v Minister for Justice and Equality, Ireland, Attorney General
Country of applicant: Rwanda

The right to be heard does not require, as a rule, that, where national legislation provides for two separate procedures for examining applications for refugee status and applications for subsidiary protection, the applicant for subsidiary protection is to have the right to an interview relating to his application and the right to call or cross-examine witnesses when that interview takes place. However, an interview must be arranged where specific circumstances render it necessary in order to examine an application with full knowledge of the facts.

Date of decision: 09-02-2017
France - A.B. v Council of State, 8 February 2017, No. 396695
Country of applicant: Ivory Coast

Granting someone a refugee status for fear of persecution based on belonging to a social group due to his sexual orientation, cannot be linked to the fact that his sexual orientation has, or not, been made public. Indeed, a social group is instituted by how society perceive those in the group.

An individual applying for asylum does not have, in order to avoid persecutions in his country, to hide his sexual orientation.

In order to prove the risk of persecution, there is no requirement that belonging to a social group based on sexual orientation must be prohibited by any criminal law in the country of origin of the applicant. In fact, this risk can be based on abusive common law provisions, or behaviours, whether they are supported, facilitated or merely tolerated by the country’s authorities.

Date of decision: 08-02-2017
France - Council of State, 6 February 2017, Mr. and Mrs. C., No. 392593
Country of applicant: Russia

Where the ECtHR has, under Article 39 of the ECHR, granted interim measures prohibiting the Government from deporting the Applicant, this does not impact the ability of national courts to rule on the Applicant’s claim to asylum. The interim measures are binding on national authorities only.

Date of decision: 06-02-2017
Denmark - the Refugee Appeals Board’s decision of 6 February 2017
Country of applicant: Syria

The applicant, who had deserted the Syrian army, was seen in isolation covered by the Danish Aliens Act Art. 7 (1) [refugee status]. However, the Board found serious reasons to assume that the applicant had committed a crime against humanity and war crimes during his military service and consequently he was excluded from protection. Nevertheless, the Danish Aliens Act Art. 31, (2) is an obstacle to his expulsion as he would risk persecution covered by the Danish Aliens Act Art. 7 (1) in the case of returning to Syria.

Date of decision: 06-02-2017