Case summaries

Italy - Tribunal of Milan, 9 May 2018, CJEU Preliminary Reference
Country of applicant: Nigeria

The Court submitted a request for a preliminary ruling to the Court of Justice of the European Union on the requirement of an automatic suspension of the execution of a negative decision on applications for international protection under EU law.

Date of decision: 09-05-2018
CJEU - Case C-82/16 K.A. and Others, 8 May 2018
Country of applicant: Albania, Armenia, Guinea, Kenya, Nigeria, Russia, Uganda

Requests for family reunification must be examined even if the third-country national, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban. Whether there is a relationship of dependency between the third-country national and the EU citizen and whether public policy grounds justify the entry ban must be assessed on a case-by-case basis.

Date of decision: 08-05-2018
UK - The Secretary of State for the Home Department v MA (Somalia), Court of Appeal (Civil Division), 2 May 2018
Country of applicant: Somalia

UK Court of Appeal rules on the correct test to use when making a decision on cessation of refugee status.

Date of decision: 02-05-2018
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
ECtHR - Hoti v. Croatia (no. 63311/14)
Country of applicant: Kosovo

The restriction of the right to reside in a country may entail a violation of Article 8 ECHR, when creating disproportionate effects on the individuals’ private life. States should provide effective and accessible means to protect the right to respect for private and family life.  

 

Date of decision: 26-04-2018
CJEU – C-353/16, MP v Secretary of State for the Home Department
Country of applicant: Sri Lanka

The fact that a person cannot be repatriated under Article 3 of the ECHR does not imply that that person should be granted a leave to reside in the host country by way of subsidiary protection under Directive 2004/83. The person concerned is eligible for subsidiary protection only if there is a real risk of him being intentionally deprived, in his country of origin, of appropriate health care.

Date of decision: 24-04-2018
Court of The Hague, 20 April 2018, NL 18.5178
Country of applicant: Palestinian Territory

The State Secretary has to carefully weigh interests when deciding about the application of Article 17 (discretionary clauses) of the Dublin Regulation where it concerns an adult applicant whose family members are beneficiaries of international protection in this Member State. The fact that an earlier request for family reunification has been refused, does not imply that the potentially destabilizing effect of a Dublin transfer no longer has to be taken into consideration.

Date of decision: 20-04-2018
Germany - Federal Administrative Court, Decision 1 C 29/17, 19 April 2018
Country of applicant: Eritrea

§ 104 para. 13 S. 1 of AufenthG (Residence Law) impedes the claim of a person with subsidiary protection for the assessment of a case of non-refoulment referring to the situation in the state of origin according to § 60 Abs. 5 AufenthG and Art. 3 ECHR in order to enable family reunion due to the lack of a defensible interest. 

Date of decision: 19-04-2018
UK - HA, AA and NA v Secretary of State for the Home Department, JR/10195/2017, 19 April 2018
Country of applicant: United Kingdom

The UK Secretary of State for the Home Department’s (SSHD) refusal to accede to a take charge request of a stateless wife and her child in Greece wishing to reunite with their British husband/father in the UK is a breach of Article 7 Charter/8 ECHR (and Article 6(1) of the HRA 1998) on the basis that the SSHD’s decisions were disproportionate and not justified. Notwithstanding that the husband/father is a British citizen, the Dublin Regulation applies, notably Articles 9 and 17(2). In respect of Article 9 Dublin Regulation III, it can be relied upon even where an individual in receipt of international protection subsequently naturalises as a British citizen. 

 

Date of decision: 19-04-2018
Denmark - Refugee Appeals Board’s decision of 17 April 2018
Country of applicant: Eritrea

The complainant, an Eritrean citizen and a single woman with a one-and-a-half-year-old child, filed a complaint against the decision of the Danish Immigration Service to reject her application in accordance with the Danish Aliens Act art. 29 (b) as the Greek authorities had granted her refugee status in Greece, valid until 25 November 2017. The complainant referred to the UNHCR EXCOM-conclusion no. 58/1989.

The Board did not find that the general social and economic conditions for refugees with a residence permit in Greece – although difficult – in itself could lead to the complainant not being referred to Greece as first asylum country. The Board did not find that the complainant as a single mother with a one-and-a-half-year-old child was to be considered quite particularly vulnerable. Consequently, the Refugee Appeals Board found the conditions for using Greece as first country of asylum fulfilled. The case was, however, remitted to the Immigration Service by the Appeals Board in May 2018 upon the Service's confirmation that they would consider the application in light of the applicant's residence permit having expired in Greece. 

Date of decision: 17-04-2018