Case summaries

CJEU - C-806/18 JZ (Peine de prison en cas d’interdiction d‘entrée), 17 September 2020
Keywords: Detention, Return

The Return Directive does not preclude Member States from introducing legislation that imposes a custodial sentence on individuals for whom the return procedure has been exahusted but still remain in the territory, where the criminal act consists in an unlawful stay with notice of an entry ban, issued in particular on account of that third-country national’s criminal record or the threat he represents to public policy or national security.

However, such a provision in national legislation is permitted if the criminal act is not defined as a breach of such an entry ban and the legislation itself is sufficiently accessible, precise and foreseeable in its application in order to avoid all risk of arbitrariness.

Date of decision: 17-09-2020
Netherlands – Court of The Hague (unpublished), 24 August 2020
Country of applicant: Palestinian Territory

A stateless person from Palestine who was registered by UNRWA  and received its assistance shall not be excluded from refugee status when it is established that his personal safety in Palestine is at serious risk and it is impossible for UNRWA to guarantee that the living conditions, which has forced the individual to leave Palestine, are compatible with its mission.

From the available evidence, the Court concludes that UNRWA is unable to provide protection and assistance to Palestinian refugees in Gaza.

Date of decision: 24-08-2020
Spain: Supreme Court. Chamber of Contentious-Administrative Proceedings n. 2662/2020, 29th July 2020, Appeal No. 1953/2019
Country of applicant: Algeria

Asylum applicants in Melilla and Ceuta can change their legal residence with the sole obligation of informing the relevant authorities.

Date of decision: 29-07-2020
United Kingdom - The Queen on the application of O. Humnyntskyi, A & WP (Poland) v SSHD & of SJ [2020] EWHC 1912 (Admin)
Country of applicant: Poland, South Africa, Ukraine

In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, it was held that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.

Date of decision: 21-07-2020
ECtHR - Nur and Others v Ukraine, Application no. 77647/11, 16 July 2020
Country of applicant: Guinea, Somalia

The Court decided that the applicants’ arrest and detention were unlawful under Article 5 of the Convention. The eighth applicant’s complaint under Article 3 that she, a minor at the time, was not provided with adequate care in detention in connection with her pregnancy and the miscarriage she suffered was not accepted by the Court.

Date of decision: 16-07-2020
Portugal - A v. Immigration and Borders Service, No. 61/20.6BELSB, 2 July 2020

The Court concluded that Italy had already accepted the take back request and therefore Portugal should proceed with the applicant’s transfer in accordance with the Dublin Regulation III. Since Italy had already rejected the applicant’s first request for international protection there, it should be the one responsible for returning the applicant back to their home country.

As the applicant is not a vulnerable person, the transfer order to Italy does not violate the non-refoulement principle.

Date of decision: 02-07-2020
CJEU - Case C-18/19 WM, 2 July 2020
Country of applicant: Tunisia
Keywords: Detention, Return

EU law does not preclude national legislation that allows an illegally staying third-country national to be detained in prison accommodation for removal, on the ground that he poses a genuine, present and sufficiently serious threat affecting one of the fundamental interests of society or the internal or external security of the Member State concerned. The detainee should be kept separated from ordinary prisoners.

Date of decision: 02-07-2020
Austria – Constitutional Court – 26 June 2020, E 810/2020 ua
Country of applicant: Afghanistan

Courts must establish the current situation of the region from which the complainant originates and relate it to the individual situation of the complainant in the grounds of the decision.

In the case of an Afghan family, the lower instance court did not sufficiently consider the security situation in the complainants’ country of origin, in particular with regard to the situation for minors. Thereby the court violated the right to equal treatment among foreigners.

Date of decision: 26-06-2020
CJEU - C 36/20 PPU, V.L. v Spain, 25 June 2020

The CJEU found that the judge assigned to rule upon the applicant’s detention should have transmitted his request for international protection to the competent authority so it could be registered, and the applicant could enjoy his rights provided by Directive 2013/33. It also found that he should not have been detained since he was protected by his applicant for international protection’s status under Directives 2013/33 and 2013/32.

Date of decision: 25-06-2020
Council of State, 24th June 2020, X and Y v. General Commissioner for refugees and stateless persons, No 247.889
Country of applicant: Turkey

By not considering the argument on the applicants’ political conviction in Belgium and by avoiding answering the argument requesting a report on the Turkish authorities’ influence in Belgium, the Council for Alien Law Litigation failed to give a complete legal reasoning. 

Date of decision: 24-06-2020