Case summaries

CJEU – Joined Cases C-391/16, C-77/17 and C-78/17, M (Révocation du statut de réfugié)
Country of applicant: Congo (DRC), Ivory Coast, Russia, Russia (Chechnya)
The provisions of Article 14(4) to (6) of Directive 2011/95 cannot be interpreted as meaning that the effect of the revocation or the refusal of the refugee status is that the person concerned, who satisfies the material conditions set forth in Article 1A of the Geneva Convention, is excluded from international protection. Member States, when implementing Article 14(4) and (5) of the directive, are required to grant refugees who are present in their respective territories only the rights expressly referred to in Article 14(6) of that directive and the rights set out in the Geneva Convention that are guaranteed for any refugee who is present in the territory of a Contracting State and do not require a lawful stay.

Article 21(2) of the directive precludes Member States from issuing a measure of refoulement or expulsion against the persons covered by one of the scenarios described in Article 14(4) and (5) of Directive 2011/95 if this would expose the concerned persons to the risk of their fundamental rights as enshrined in Article 4 and Article 19(2) of the Charter of fundamental rights of the EU.

Date of decision: 14-05-2019
Germany: Administrative Court München, 9. May 2019, VG M 5 E 19.50027
Country of applicant: Syria

The Court decides that Greece is responsible for the examination of the applicant’s claim for international protection. The Court does not find that asylum procedures in Greece are flawed and that the applicant will be exposed to inhuman and degrading reception conditions. Moreover, neither the fact that the applicant’s sister is living in Germany nor the purpose of medical and psychological support in a Member State entitles the applicant under the Dublin Regulation to choose which country will examine his application for international protection.

Date of decision: 09-05-2019
Belgium – X. v. Commissioner General for Refugees and Stateless Persons, No. 220.190, 24th April 2019
Country of applicant: Morocco

LGBT individuals who have left Morocco can be granted refugee status as the socially and legally hostile environment towards LGBT individuals in this country can justify fear of persecution based on their membership to a particular group. A cautious assessment of the consequences of a return to the country of origin and an extensive benefit of the doubt are advised in the review of asylum applications of Moroccan nationals identifying as LGBT.

Date of decision: 24-04-2019
(France) Court of Appeal of Rouen, Jurisdiction of the first president, 10th April 2019, No RG 19/15556
Country of applicant: Morocco

The detention to facilitate the return is used if the return is considered as a reasonable prospect. The period in immigration detention must correspond only to the time which is strictly necessary for the enforcement of the return measure. The lack of a justification for the failure to enforce the return does not prove that the time in immigration detention was used effectively and that an extension could be needed. 

Date of decision: 10-04-2019
ECtHR - I.M. v. Switzerland, 9 April 2019, Application No. 23887/16
Country of applicant: Kosovo

It is necessary to make a proportionality assessment with consideration of both the gravity of the crime committed by the applicant and the interests of society, and the applicant’s individual rights, particularly his right to private and family life under Article 8.

The Federal Administrative Court failed to fully assess the impact that the measure of removal would have on the applicant. The evolution of the applicant's conduct since the occurrence of the crime, the applicant’s deteriorating medical condition, and his social, cultural and family ties in the host country were not sufficiently examined in the decision. The failure to assess the proportionality of the removal order and amounted to a violation of Article 8 of the Convention.

Date of decision: 09-04-2019
ECtHR – G.S. v. Bulgaria (no. 36538/17), 4 April 2019
Country of applicant: Iran

Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law. 

Date of decision: 04-04-2019
CJEU – Joined Cases C 582/17 and C 583/17, H. and R. v. Staatssecretaris van Veiligheid en Justitie, 2 April 2019
Country of applicant: Syria

The CJEU ruled that a third-country national who lodged an application for international protection in a first Member State, then left and subsequently lodged a new application in a second Member State is not entitled to rely, in an action brought under Article 27(1) DRIII in that second Member State against a decision to transfer them, on the criterion for defining responsibility stablished in Article 9.  To conclude otherwise would not be in conformity with the Regulation’s general purpose to prevent secondary movements of individuals and the principle that an application for international protection must be assessed by a single Member State.

The CJEU also concluded that in the cases referred to in Article 20(5) DRIII, a possible transfer could occur without previously having been established that the requested Member State is responsible for examining the application. This is because the exercise of a take back request does not presume the responsibility of the requested Member State to examine the application, but that that Member State satisfies the conditions laid down in Article 20(5) or 18(1) (b) to (d). Adding to that, in a situation covered by Article 20(5), a Member State cannot issue a take back request when the applicant has provided reliable information establishing that that Member State must be regarded as responsible for the application.

Date of decision: 02-04-2019
Germany - Administrative Court of Trier, 27 March 2019, 7 L 1027/19.TR
Country of applicant: Syria

There is a case of urgent necessity concerning interim measures according to § 123 VwGO obliging a Member State to accept a take charge request regarding  the asylum applications of family members of a person entitled to subsidiary protection in that state when the decision on an asylum application of these family members is imminent in the requesting state. 

Date of decision: 27-03-2019
ECtHR – Haghilo v. Cyprus, Application No. 47920/12, 26 March 2019
Country of applicant: Iran

Detention in police stations, places that by their very nature are designed to accommodate people for very short durations, may amount to degrading and inhuman conditions under Art. 3 ECHR if protracted for a long time.

Detention of a person with a view to deportation is contrary to Art. 5 § 1 (f) if unlawful under the Convention or domestic law. 

Date of decision: 26-03-2019
Austria: Supreme Administrative Court (VwGH), 26. March 2019, Ro 2018/19/0005
Country of applicant: Afghanistan

Neither Austrian law nor the provisions of the Dublin III Regulation provide for legal remedies against a Member State’s rejection of a request for admission. The Dublin Regulation provides for a remonstration procedure between the Member States concerned in the event of a rejection, whereby after expiry of the remonstration period the requesting Member State is finally responsible for examining the application for international protection. A later agreement after the remonstration period has expired cannot establish any responsibility.

Date of decision: 26-03-2019