Case summaries

Sweden - Migration Court of Appeal, 1 June 2016, UM 3266-14
Country of applicant: Somalia

The Applicant and the Applicant’s children were applying for leave to remain in Sweden due to affiliation with their husband and father respectively who had permanent residency in Sweden. The Applicant and the Applicant’s children were all granted evidentiary relief regarding their identities. Further, one of the Applicant’s children, a 20 year old daughter, was deemed to fulfil the criteria for household community and special dependency. The Applicant and all of the Applicant’s children were granted leave to remain. 

Date of decision: 01-06-2016
Hungary - Győr Administrative and Labour Court, 13.K.27.101/2016/7, 1 June 2016
Country of applicant: Nigeria

The applicant is a Nigerian gay man whose credibility was questioned by the asylum authority (OIN) and his application was rejected. The court, however, found that the applicant’s statements were coherent and credible. The court found also that the psychological examination of the applicant’s sexual orientation cannot be accepted because it is humiliating and violates the right to private life.

Having restored credibility the court quashed the administrative decision and ordered a new procedure where the situation of the applicant and other gay men in Nigeria must be assessed.    

Date of decision: 01-06-2016
France - Administrative Tribunal of Paris, 25 May 2016, ASSOCIATION CIMADE et al., No. 1602395/3-2

The application was in three parts: the applicants asked the tribunal to annul the police commissioner’s decision on how the registration of asylum requests was carried out in Paris; to compel the police commissioner to re-examine the methods of registration; to fine the state €1500. The first two parts of the application were granted but the third was not. 

 

Date of decision: 25-05-2016
Belgium - Council for Alien Law Litigation, 25 May 2016, No. 168363
Country of applicant: Palestinian Territory

The applicant challenged the Belgian Minister of Asylum and Migration’s decision not to grant him a humanitarian visa via an emergency application before the CALL. He relied on the following grounds: inter alia, (i) his medical condition and (ii) the poor living conditions of the West Bank in Palestine.

The CALL decided (i) these two elements justified an urgent decision, (ii) there was a risk of serious prejudice which would be difficult to remedy if the Minister’s decision was enforced, and (iii) there were serious grounds for invalidating the Minister’s decision since denying a visa to the applicant was likely to constitute a breach of art. 3 of the European Convention on Human Rights (ECHR) (prohibition of inhuman or degrading treatment), thus fulfilling the three conditions under art. 39/82 of the Belgian Aliens Law 15-12-1980. 

Date of decision: 25-05-2016
Germany – Administrative Court Lüneburg, 24. May 2016, 5 A 194/ 4
Country of applicant: Somalia

Art 20 (3) of the Dublin III Regulation is no longer applicable when a minor subsequently enters another member state after the application for international protection of his/ her relative is completed.

Date of decision: 24-05-2016
Poland - Ruling of the Regional Court in Przemysl from 23 May 2016 no II Kz 69/16 quashing the ruling of the District Court in Przemysl on prolonging the detention
Country of applicant: Cameroon
Keywords: Detention, Return

The Court found that the national legal provision was incompatible with the Returns Directive. Lodging a complaint against the return decision to the court cannot be a reason for prolonging detention under the Directive. 

Date of decision: 23-05-2016
ECtHR – J.N. v. United Kingdom, Application No. 37289/12, 19 May 2016
Country of applicant: Iran
Keywords: Detention, Return

Any deprivation of liberty must fall within the exceptions set out in Art. 5 of the Convention, and must be lawful, namely in compliance with domestic law, and free from arbitrariness. For this latter purpose, domestic law must be sufficiently accessible, precise and foreseeable in its application.

After a certain time of mere waiting for the detainee’s cooperation, detention ceases to be genuinely imposed for the purpose of detention, in accordance with art. 5.1(f) of the Convention. 

Date of decision: 19-05-2016
Italy - Tribunal of Genova, 13 May 2016, no. 15023/15
Country of applicant: Ghana

There is a well-founded fear of persecution based on membership of a particular social group in the case of an applicant who, even though he is not gay, he is perceived as such by his community, his family and the authorities in his country of origin. 

Date of decision: 13-05-2016
Netherlands – Court of the Hague, 13 May 2016, 16/7663 and 16/7665
Country of applicant: Iraq

In the case of a claimant whose first asylum application would be viewed as being withdrawn by Bulgarian authorities, it cannot be ruled out that upon return to Bulgaria under a take back request the applicant would not be detained. In light of reported detention conditions the Secretary of State should have investigated the risk of a potential Article 3 violation if the applicant were to be returned to Bulgaria.  

Date of decision: 13-05-2016
Netherlands - Council of State, Administrative Law section, 13 May 2016, 201507729/1/V3
Country of applicant: Burundi
Keywords: Health (right to)

This case is concerned with whether the State Secretary for Security and Justice correctly argued that the medical report did not prevent the removal of an asylum seeker who was HIV positive.  

The Council of State of the Netherlands ruled that the State Secretary could not have relied on the medical report. Hence, the State Secretary failed to sufficiently investigate whether the applicant would find herself in a life threatening situation when ordered to leave the territory of the Netherlands.  

Date of decision: 13-05-2016