Case summaries

CJEU - C-519/18 TB, 12 December 2019

Article 10(2) of Directive 2003/86 allows Member States to define autonomously the nature of the relationship of dependence between the sponsor and the family member not referred in art. 4, as long as the national law have regard of all the relevant circumstances of the refugee’s situation through a case-by-case approach. 

Date of decision: 12-12-2019
Portugal: Administrative Litigation Section of the Central Administrative Court, 10/12/2019, proc. nº 1026/19.6BLESB

The applicant brought an administrative action before the Administrative Court of the Circuit of Lisbon against the Ministry of Internal Affairs - Foreigners and Borders Service (SEF), in which he sought the annulment of the decision of the National Director of the SEF determining his transfer to Italy and the condemnation of the requested entity in the continuation of the process of international protection.

The Central Administrative Southern Court dismissed the appeal and, on grounds other than those set out in the contested judgment, upheld the decision to annul the decision of the National Director of SEF.

Date of decision: 10-12-2019
Baden-Württemberg – Higher Administrative Court, 29.11.2019, A 11 S 2374/19, A 11 S 2375/19
Country of applicant: Afghanistan

The ECJ has to decide on the assessment of the existence of a serious individual threat by reason of mere presence in a certain area. It has to decide whether there is a minimal threshold of civilian fatalities that excludes such risk or if a holistic approach taking into account all circumstances special to the case has to be followed to assess the existence of such threat.

Date of decision: 29-11-2019
France - Administrative Court of Appeal of Metz, 26 November 2019, N° RG 19/00909
Country of applicant: Afghanistan

The administrative detention of an Afghan national was imposed on the basis of a procedural error due  to the lack of relevant documentation and unjustified information by the French authorities (Prefect and Prosecutor).

Date of decision: 26-11-2019
Belgium - X v. Commissioner-General for Refugees and Stateless Persons, 26 November 2019, N° 229 288
Country of applicant: Ivory Coast

The fact that an asylum applicant has already been persecuted in the past or has already suffered serious harm is a serious indication of the well-founded fear of the claimant, or of the real risk of suffering serious harm, unless there is good reason to believe that this persecution or serious harm will not happen again.

When an applicant has suffered female genital mutilation in her country of origin, there is a rebuttable presumption that she will again be the victim of such persecution because of her membership in the social group of Ivorian women.

Date of decision: 26-11-2019
Germany: Administrative Court Berlin, 26.11.2019, 38 L 442.19 V

Applications for a visa for family reunification with subsidiary protection beneficiaries must be treated as particularly urgent if the holder of the right of residence is about to reach the age of 18. The Immigration Office must ensure that such applications are processed preferentially and expeditiously.

Date of decision: 26-11-2019
ECtHR – Z.A. and Others v. Russia, Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16, 21 November 2019
Country of applicant: Iraq, Palestinian Territory, Somalia, Syria

Confinement of asylum applicants in an airport transit zone is contrary to Art. 5 § 1 (f) in the absence of any domestic legal basis for the applicants’ deprivation of liberty.

Confinement of asylum seekers left to their own devices in airport transit zones under the control of border authorities, without unimpeded access to shower or cooking facilities, outdoor exercise and medical or social assistance amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time. 

Date of decision: 21-11-2019
ECtHR - Ilias and Ahmed v. Hungary, Application No. 47287/15, 21 November 2019
Country of applicant: Bangladesh

When State Parties do not examine an application for international protection in its mertis based on a safe third country clause, Article 3 still requires that they apply a thorough and comprehensive legal procedure to assess the existence of such risk by looking into updated sources regarding the situation in the receiving third country. Hungary violated Article 3 by failing to conduct an efficient and adequate assessment when applying the safe third country clause for Serbia.

Article 5 cannot be considered as ratione materiae applicable to the Röszke transit zone; the applicants' stay there involved a short waiting time in order for Hungary to verify their right to enter, they had entered on their own initiative and they were free to leave the area in the direction of Serbia. The conditions in the transit zone were not found to breach Article 3 because of the restrictive measure's short duration, the possibility for human contact and the applicants' awareness of the procedure.

Date of decision: 21-11-2019
CJEU ̶ C-706/18 X v Belgium, 20 November 2019
Country of applicant: Afghanistan

The principle of effectiveness and the objectives of the Family Reunification Directive preclude domestic legislation that foresees the automatic issue of an entry and residence permit for family reunification on the sole ground that the time limit to decide on the application has expired without having established the substantial requirements for obtaining such a permit, e.g. family links.

 

Date of decision: 20-11-2019
CJEU – C-233/18 Haqbin, 12 November 2019
Country of applicant: Afghanistan
A sanction imposed in response of serious breaches of the rules of the accommodation centre or of seriously violent behaviour on behalf of an applicant for international protection cannot include withdrawal of material reception conditions relating to housing, food or clothing, even if it is temporary. Authorities should take into particular consideration any such sanction in cases of vulnerable applicants and unaccompanied minors.
Date of decision: 12-11-2019