Case summaries

France – Council of State, 3 October 2018, N° 406222
Country of applicant: Congo (Republic of)

The French National Court on Asylum has made an error of law by refusing to grant at the very least subsidiary protection to the applicant following his new request to re-examine his situation, despite a condemnation from the European Court of Human Rights (ECtHR) for the violation of Article 3 of the European Convention on Human Rights (ECHR). 

Date of decision: 03-10-2018
Greece - Administrative Court of First Instance of Korinthos, Decision no. Π2265/18, 27 September 2018
Country of applicant: Iran

Withdrawal of detention due to the use of forged travel documents and subsequent obligation to appear before the competent authorities, given to the pending status of the application for asylum.

Date of decision: 27-09-2018
CJEU – Case C 175/17 X, 26 September 2018
Country of applicant: Iraq

The CJEU ruled on  the scope of the right to an effective remedy provided for in Article 39 of the Asylum Procedures Directive and in Article 13 of the Returns Directive.

Date of decision: 26-09-2018
CJEU – Case C 180/17, X and Y, 26 September 2018
Country of applicant: Russia

The CJEU ruled on  the scope of the right to an effective remedy provided for in Article 46 of the (Recast) Asylum Procedures Directive and in Article 13 of the Returns Directive.

Date of decision: 26-09-2018
France – Council of State, 24 September 2018, N° 420708
Country of applicant: Eritrea

The Council of State decided on the date from which the 6-month time limit provided by Article 29§1 of the Dublin regulation 604/2013 begins running or when it starts running again in case of an interruption. At the expiry of this deadline, the responsibility of the examination of an asylum claim falls back to the Member State which requested another Member State that charge be taken or to take back, as it did not proceed to the applicant’s transfer.  The Council specified that this deadline starts running once the other Member State has accepted the request that charge be taken or to take back. In case of an appeal, the delay is interrupted and begins running again at the date of the final judgment deciding on this appeal. Following appeals do not interrupt this newly-established delay.

Date of decision: 24-09-2018
France - Administrative Tribunal of Nantes, 24 September 2018, M., n°1808677.
Country of applicant: Somalia
The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.
 
Any decision must be reasoned and translated into a language understandable to the applicant. 


 

Date of decision: 24-09-2018
Italy - Tribunal of Roma, 18 September 2018, R.G. no. 50192/2018
Country of applicant: Iraq

In the absence of EU rules concerning the procedural requirements with regard to the submission and examination of an application for international protection, Member States must determine those requirements provided that they do not render in practice impossible or excessively difficult the exercise of the right to seek asylum.

Date of decision: 18-09-2018
Italy - Tribunal of Palermo, 13 September 2018, R.G. no. 9994/2018
Country of applicant: Mali

Neither the omission nor the delay of the Immigration Office can deprive an asylum applicant of the right to obtain the rehearing of their legal status in case of a change in the circumstances in their country of origin. 

Date of decision: 13-09-2018
CJEU - C-369/17, Shajin Ahmed v Bevándorlási és Menekültügyi Hivatal
Country of applicant: Afghanistan

CJEU rules that Hungarian national law which defines ‘serious crime’ (in the context of exclusion from subsidiary protection) as a crime with a possible custodial of 5 years sentence as incompatible with the Qualification Directive. Instead, each crime must be looked at on an individual basis to ascertain its “seriousness”.  

Date of decision: 13-09-2018
CJEU - Joined Cases C-208/17 P to C-210/17 P, Order of the Court (First Chamber) of 12 September 2018, NF and Others v European Council
Keywords: Safe third country

CJEU (First Chamber) finds appeal against decision of the General Court dismissing the actions for annulment of the ‘EU-Turkey Statement of 18 March 2016’ manifestly inadmissible.

Date of decision: 12-09-2018