Case summaries

Austria – Higher Administrative Court, 13.12.2018, Ra 2018/18/0533
Country of applicant: Afghanistan

The applicants’ personal circumstances and the general conditions in the country of origin have to be taken into account, when assessing whether an internal flight alternative exists. Relevant sources like the UNHCR guidelines have to be used.  Otherwise this constitutes a significant procedural error. 

Date of decision: 13-12-2018
France – Court of Cassation, N° 2923, 12 December 2018
Country of applicant: France

According to the new 10 September 2018 French Law on Controlled Migration, there will be no criminal proceedings against individuals who have helped in the movement and illegal residence of undocumented migrants, when the aid consisted in providing legal, linguistic or social advice or assistance, or any other aid provided for an exclusively humanitarian purpose.

Criminal immunity is thus defined in a much less restrictive manner, and shall apply to acts committed before the entry into force of the new law.

 

Date of decision: 12-12-2018
Austria: Constitutional Court, 12. December 2018, E 1277/2018-13
Country of applicant: Iran

The principle of equality is violated if the amount of minimum benefits is calculated according to the duration of residence in Austria within the last six years. Persons entitled to asylum cannot be treated in the same way as persons who can return to their country of origin at any time

Date of decision: 12-12-2018
ECtHR - M.A. and Others v. Lithuania (no. 59793/17), 11 December 2018
Country of applicant: Russia

The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR. 

Date of decision: 11-12-2018
ECtHR - Khanh v Cyprus (Application no. 43639/12), 4 December 2018
Country of applicant: Vietnam
Keywords: Detention

The ECtHR ruled the conditions of the applicant’s detention, prior to her being deported from Cyprus, subjected her to hardship going beyond the unavoidable level of suffering inherent in detention and thus amounted to degrading treatment prohibited by Article 3 of the Convention.

Date of decision: 04-12-2018
Italy - Ordinary Tribunal of Rome, Decision No R. G. 72238/2018, 21 November 2018
Country of applicant: Lebanon, Palestinian Territory

When a refugee and their child apply for international protection, the Police Headquarters shall not make residence or parental relationship the conditions for submitting their application.

Date of decision: 21-11-2018
CJEU - Case C‑713/17, Ayubi, 21 November 2018
Country of applicant: Unknown

Persons entitled to refugee protection should be accorded the same treatment regarding assistance as provided to nationals of the Member State. Article 29 Directive 2011/95 and Article 23 Geneva Convention do not make this treatment dependant on the length of the applicant’s stay in the Member State. 

A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that legislation.

Date of decision: 21-11-2018
Germany - VG 21 1 B 583/18 MD, Administrative Court Magdeburg, 13 November 2018
Country of applicant: Syria

The Court decides that a beneficiary of international protection cannot be deported to a country in which the individual concerned faces a serious risk of inhumane or degrading treatment. The risk of destitution after deportation is only excluded when the receiving state authorities provide a specific, and not just a general, assurance to the individual concerned.

Date of decision: 13-11-2018
CJEU - Joined Cases C‑47/17 and C‑48/17 , X and X v Staatssecretaris van Veiligheid en Justitie
Country of applicant: Eritrea, Syria

The CJEU ruled on the time limit for Member States to respond to requests for re-examination of "take charge" or "take back" requests and clarified that Member States should endeavour to respond within two weeks; if they do not the requesting Member State retains responsibility. 

Date of decision: 13-11-2018
France - Administrative tribunal of Toulouse, 9 November 2018, N° 1805185
Country of applicant: Nigeria

As a result of a transfer order to Italian authorities joined with house arrest, the applicant lodged an appeal. She argued she would be at risk of being exposed to inhuman and degrading treatments, as well as to systemic lapses of the Italian asylum system. In this case, the administrative tribunal granted annulment of those orders issued by the prefect of la Haute-Garonne in the light of the current Italian asylum conditions and the reasons motivating the applicant to reach France after having stayed in Italy. 

Date of decision: 09-11-2018