Case summaries

Slovenia - Administrative Court of the Republic of Slovenia, 29 July 2016, Judgment I U 1102/2016
Country of applicant: Afghanistan

The Slovenian legislature has not fulfilled its obligations under the provisions of Article 2(n) of the Dublin Regulation. The possibility of an analogous application of Article 68 of the Aliens Act-2 has a very weak basis in terms of the objective criteria required. It can only be sufficient in a particular case if in light of the specific circumstances of the case there is no doubt about the existence of the risk of absconding.

Date of decision: 29-07-2016
France – Council of State, 27 July 2016, Mr. C., No. 386797

In assessing asylum applications, national authorities are entitled to consider material contained in the files of third parties. In reviewing such cases, national courts will be under a duty to consider the same material. This does not conflict with the applicant’s right to confidentiality. 

Date of decision: 27-07-2016
Spain: Supreme Court. Chamber for Contentious-Administrative Proceedings, 26 July 2016, DB, Appeal No. 3576/2015
Country of applicant: Ivory Coast

The applicant appeals the decision to deny asylum and subsidiary protection, made on 26th August 2014 by the Ministry of Interior, on the grounds of fear of racial discrimination in his country of origin. The appeal is denied after an assessment of the facts and circumstances. 

Date of decision: 26-07-2016
Spain: Supreme Court. Chamber for Contentious-Administrative Proceedings, 26th July 2016, M, Appeal No. 374/2016
Country of applicant: Unknown

The applicant appeals against the ruling passed by the Directorate General of Domestic Policy on 14th February 2014, issued at the request of the Ministry, denying his application for international protection and against the ruling passed on 19th February 2014, denying his request for a review of his application, both denied in compliance with the Law. The applicant has requested residence in Spain on humanitarian grounds given that he has a son who is a minor and is of Spanish nationality. He invokes his right to remain at his son’s side to care for him.  

Date of decision: 26-07-2016
Switzerland – Federal Administrative Court, 18 July 2016, D-6806/2013
Country of applicant: Nigeria

In cases of reasonable suspicion that a person applying for asylum was a victim of human trafficking, the Swiss State Secretary for Migration is obliged to clarify the facts thoroughly on its own initiative.

Date of decision: 18-07-2016
Spain: Supreme Court. Chamber for Contentious-Administrative Proceedings, 18th July 2016, M, Appeal No. 3847/2015
Country of applicant: Cameroon

The applicant requested international protection in Spain on 3rd November 2014, having been assaulted in his country of origin because of his sexual orientation. His partner died as a result of the assault. On the 26th October 2015, the Trial Chamber denied his request, stating that the allegations put forward by the applicant were “improbable or insufficient.”

On 18th July 2016, the applicant appealed this decision on two different grounds of appeal. First, on the grounds of an error when applying the relevant procedures for granting and withdrawing international protection, mistaking the phase of admission for the phase of concession. And second, on the grounds that the Chamber’s interpretation of the evidence provided was restrictive.

The Chamber granted the appeal against the decision made on 26th October 2015 and this decision was ruled null and void.

Date of decision: 18-07-2016
Netherlands – Court of The Hague, 18 July 2016, NL16.1221

 The transfer of “extra vulnerable” asylum seekers from the Netherlands to Italy is contrary to article 3 ECHR.

Date of decision: 18-07-2016
Ireland - N.M (DRC) -v- The Minister for Justice, Equality and Law Reform [2016] IECA 217
Country of applicant: Congo (DRC)

This case examines whether, for a subsequent application, internal review followed by Judicial Review is an effective remedy, as provided by Article 39 of the Council Directive 2005/85/EC (“the Asylum Procedures Directive”).

Date of decision: 14-07-2016
Germany – Administrative Court Magdeburg, 13 July 2016, 9 A 594/15 MD
Country of applicant: Syria
The Dublin-III-Regulation is no longer applicable to a person that has already been recognised as a beneficiary of international protection in a Member State where he has lodged a (first) application for international protection. 
 
A foreign recognition decision has certain legal effects in Germany, i.e. it provides for the same protection against deportation as a decision taken by the German authorities. 
 
However, a beneficiary of international protection has no claim to be repeatedly granted refugee or subsidiary protection status or even to a corresponding right of residence. Thus, a new application for asylum of such a beneficiary can be rightfully denied as inadmissible. 
 
Nonetheless, a deportation order resulting from an asylum application found to be inadmissible is unlawful where there are obstacles to the deportation according to § 60 (5) AufenthG (Residence Act). Such an obstacle can arise where the deportation would put the applicant at risk of an inhuman or degrading treatment within the meaning of Art. 3 of the ECHR.
In light of the deplorable state of the general living conditions in Greece as well as of those of beneficiaries of international protection in particular, the conclusion is justified that a deportation of a recognised beneficiary of international protection to Greece would amount to a violation of Art. 3 of the ECHR. 
 
Date of decision: 13-07-2016
ECtHR – R.V. v France, Application No. 78514/14, 7 July 2016
Country of applicant: Russia

The applicant appealed against a deportation order on account of the high risk that he faced of being subject to treatment contrary to Article 3 ECHR in the case of return to Russia.

Date of decision: 07-07-2016