Case summaries

ECtHR - H.S. and Others v. Cyprus (Application no. 41753/10), 21 July 2015
Country of applicant: Syria

The case follows on from litigation presented in M.A. v Cyprus and focuses in on the legal grounds for detention in Cyprus for an applicant who is subject to removal as well as an individual’s right to speedy judicial review of the lawfulness of detention. 

Date of decision: 21-07-2015
Luxembourg - Administrative Tribunal, 36547, 15 July 2015
Country of applicant: Ivory Coast

In order to justify detention, the Ministry must establish that there is a real risk that the applicant will abscond and that this is not simply a presumption. The results of the bone tests can be put to the side if the judge believes that it is impossible to determine the age of the applicant in this manner. 

Date of decision: 15-07-2015
CJEU - C‑153/14, Minister van Buitenlandse Zaken v K and A
Country of applicant: Azerbaijan, Nigeria

The first subparagraph of Article 7(2) of the Family Reunification Directive allows the imposition of integration measures of Third Country Nationals in principle. However the general principle of proportionality requires integration measures to actually fulfil the objective of integrating TCNs and not delimiting the possibility of family reunion.

Member States must therefore consider the individual circumstances of the applicant which can lead to dispensing with the integration exam where family reunification would otherwise be excessively difficult.

Date of decision: 09-07-2015
UK - The Queen on the Application of JM, RE, KW, MY, IK, Y, PU (Claimants) and the Secretary of State for the Home Department (First Defendant)
Country of applicant: Albania, Nigeria

The High Court approved of the claimant asylum seekers' and the defendant Secretary of State's consent order for settlement. The defendant accepted responsibility for failing to remove the claimants from the DFT, despite indicators that they were vulnerable and not suited to the DFT, and for failing to inform them about the National Referral Mechanism (NRM).

Date of decision: 09-07-2015
ECtHR - V.M. and others v. Belgium, Application no.60125/11, 7 July 2015
Country of applicant: Serbia

A lack of attention paid to the vulnerability of the applicants as asylum seekers and children and their subsequent exposure to conditions of extreme poverty outside the State reception system has led to a violation of Article 3 of the Convention.

The procedure of requesting the suspensive effect of a decision rejecting an asylum application and ordering the transfer of an applicant to another Member State does not amount to an effective remedy under the Convention. 

Date of decision: 07-07-2015
Austria: Constitutional Court, 3. July 2015, U 32/2014-12
Country of applicant: Afghanistan

The Court expressed doubts as to whether it is constitutionally permissible to base the withdrawal of subsidiary protection on a “final conviction of a crime” without taking the circumstances of the individual case into account. The Austrian provision might not be in line with the requirements as set out by the European Union Directive 2004/83/EC and might therefore be unconstitutional.

Date of decision: 03-07-2015
ECtHR - A.S. v. Switzerland, Application no. 39350/13, 30 June 2015
Country of applicant: Syria

The European Court of Human Rights held that the removal of a Syrian national of Kurdish origin to Italy would not give rise to a violation of Article 3 and 8 of the Convention.

Date of decision: 30-06-2015
CJEU - C‑373/13, H. T. v Land Baden-Württemberg
Country of applicant: Turkey

The judgment concerns the scope of Article 21 of Council Directive 2004/83/EC of 29 April 2004 with regards to derogation from protection from refoulement and the possibility to revoke a residence permit issued to a refugee pursuant to Article 24 of said Directive. 

Date of decision: 24-06-2015
France - Administrative Court of Nantes, 22 June 2015, No. 1505089
Country of applicant: Niger

The Administrative Court judged that a full and rigorous examination of the consequences of transferring the applicant back to Italy is required, given the delicate and evolving situation in the country. As this was not done the prefecture’s decision to refuse to examine the asylum application and send her back to Italy was annulled. The case was remitted to the prefecture for re-examination. 

Date of decision: 22-06-2015
Slovenia - Supreme Court of the Republic of Slovenia,18 June 2015, I Up 60/2015
Country of applicant: Afghanistan

If the applicant for international protection claims that there are flaws within the asylum procedure of a responsible Member State (in line with Article 3 of the Dublin III Regulation), the examining state is still under an obligation to investigate the systematic procedural flaws in line with the reversed burden of proof. 

Date of decision: 18-06-2015