Case summaries
An application for international protection lodged by an Afghan who illegally entered Austria was rejected. The Court found that the applicant had no well-founded fear of persecution in his country of origin nor was he to be granted the subsidiary protection status.
The Asylum Court upheld the Federal Asylum Agency’s rejection of the mother and son’s application on the basis that Poland was responsible for the application under the Dublin II Regulation. The Court held that Austria was not obliged to apply Article 3(2) Dublin II Regulation due to a threatened violation of Article 3 or Article 8 ECHR.
In deciding extradition cases, the best interests of the child, although a primary consideration, could be outweighed by other interests, in this case effective immigration control. The impact of the family's extradition on the interests of the children was judged proportional, if weighed against the Zoumbas' appalling immigration record and the fact that the family could be removed without serious detriment to the children's well-being. Important guidelines were given for the decision of cases involving the welfare of children.
A stateless Palestinian woman from Syria who was registered with the UNRWA but who was no longer receiving support from the organisation was granted refugee status by the Migration Court of Appeal, and the case was returned to the Swedish Migration Board for re-examination of the period of validity of the residence permit.
This case concerns the State’s obligation under Article 19(3) of the Reception Direction to trace the family members of unaccompanied child asylum applicants. The Court considers the effect on their claims where there is a failure by the State to carry out that duty.
According to section 51 of the Aliens Act, third-country nationals residing in Finland are issued with a temporary residence permit if they cannot be returned to their home country or country of permanent residence for temporary reasons of health or if they cannot be removed from the country.
This case concerned whether it was necessary that there was an enforceable decision to remove the person when the Immigration Service examined the requirements for a residence permit under section 51. The Court considered whether the Immigration Service should examine if there are in reality obstacles to the removal of a person, before it makes a decision to remove this person.
This ruling concerned the determination of the Member State responsible when the Member State primarily designated as responsible according to the criteria in the Dublin II Regulation has systemic deficiencies leading to substantial grounds for believing that the asylum seeker facing transfer there would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Article 4 of the Charter. It does not in itself mean that the determining Member State is required to examine the asylum application under Article 3(2) but must further examine the criteria under Chapter III of the Regulation.
Interventions from third parties to proceedings initiated before the National Asylum Court may be admitted.
A person with refugee status in one European Union state who applies for refugee status in a second European Union state is presumed to have unfounded fears relating to lack of protection. However, that presumption may be rebutted by evidence to the contrary.
LGBTI asylum seekers (1) may be members of particular social group, (2) cannot be expected to conceal or restrain their expression of sexual orientation to reduce risk of persecution. (3) All criminalisation does not per se amount to persecution, but imprisonment actually applied does.
The case examined the allegations of a Sudanese national, detained for fifteen days in two police stations in Greece after applying for asylum, that his placement in detention was unlawful (Article 5 para 1) and his detention conditions were inhuman (Article 3).