Case summaries

CJEU - C-69/10, Brahim Samba Diouf v. Ministre du Travail, de l’Emploi et de l’Immigration
Country of applicant: Mauritania

The right to an effective remedy under EU law does not require the specific preliminary decision to place an applicant for international protection under the accelerated procedure to be itself subject to judicial review, provided that this decision is reviewable as part of judicial consideration of the final substantive decision to grant or refuse protection.

Date of decision: 28-07-2011
Ireland - High Court, 27 July 2011, M.A. (a minor) v Minister for Justice, Equality and Law Reform, [2011] IEHC 323
Country of applicant: Liberia

The asylum application of the applicant, a minor suing through her mother, had been deemed withdrawn. An application to have the asylum claim readmitted was refused by the Minister for Justice, Equality and Law Reform. The High Court refused to set aside the decision of the Minister. The applicant applied to the High Court for leave to appeal the matter to the Supreme Court, and/or a reference to the Court of Justice of the European Union (ECJ). The High Court refused both applications.

Date of decision: 27-07-2011
Poland - Supreme Administrative Court of Poland, 24 July 2011, II OSK 557/10
Country of applicant: Russia

The administrative authorities, when carrying out an assessment of whether a subsequent application for refugee status is inadmissible (based on the same grounds), should compare the factual basis for the administrative case on which a final decision has been made with the testimony of the foreignor provided in the subsequent application and should also examine whether the situation in the country of origin of the applicant and also the legal position have changed.

Date of decision: 25-07-2011
Italy - Milan Court, 21 July 2011, No. RG 3313/2011
Country of applicant: Eritrea

Pursuant to Article 30 (6) of Legislative Decree No. 286/1998, disputes concerning authorisations relating to family reunification should be excluded from the jurisdiction of administrative courts and should rather be dealt with by ordinary courts. According to judgment No. 1414/2010 of the Regional Administrative Court in Lazio, ordinary courts may be referred to not only in appeals against refusals to issue a family reunification authorisation, but also to pass autonomous judgments concerning entitlement to obtain authorisations or clearance for family reasons.

Date of decision: 21-07-2011
Hungary – Metropolitan Court, 18 July 2011, K.A.M. v. Office of Immigration and Nationality, 17.K.35.244/2010/9
Country of applicant: Bangladesh

The applicant claimed that he would face persecution if returned to Bangladesh due to his Ahmadi (Ahmadiyya) religion. Both the applicant’s father and brother were attacked because of their religion. The Office of Immigration and Nationality (OIN) rejected the application stating that effective protection is accessible within Bangladesh. The Court accepted the OIN’s reasoning. The prohibition of refoulement did not apply.

Date of decision: 18-07-2011
Germany - Federal Administrative Court, 7 July 2011, 10 C 26.10
Country of applicant: Turkey

This case concerned the revocation of asylum and refugee status in the case of a former official of the Kurdistan Workers' Party (PKK) (following the European Court of Justice case of Federal Republic of Germany v B (C-57/09) and D (C-101/09), 09 November 2010).

Date of decision: 17-07-2011
Czech Republic - Regional Court in Hradci Králové, 13 July 2011, J.M.A. v Ministry of Interior, 30 A 28/2011-33
Country of applicant: Cameroon

The state cannot remove an applicant for asylum if the conditions of Art 31 of 1951 Refugee Convention are met.

Date of decision: 13-07-2011
Spain - High National Court, 11 July 2011, 315/10
Country of applicant: Nigeria

At issue in this case was whether the applicant qualified for subsidiary protection or protection for humanitarian reasons, considering her personal circumstances of extreme vulnerability.

Date of decision: 11-07-2011
Spain - High National Court, 8 July 2011, 302/2010
Country of applicant: Ivory Coast

The applicant claimed asylum in November 2009 alleging a well founded fear of persecution for reasons of race and religion. The application was refused by the Ministry of Interior on the grounds that the application did not amount to persecution in accordance with the 1951 Refugee Convention. On appeal, the High National Court re-examined the application and held that the conflict which had arisen in the Ivory Coast had to be taken into account and on that basis subsidiary protection should be granted.

Date of decision: 08-07-2011
ECtHR – Al-Skeini and Others v. the United Kingdom, Application No. 55721/07, 7 July 2011
Country of applicant: Iraq

The applicants were the relatives of Iraqi civilians killed by British soldiers in Iraq in 2003 during British security operations. The Court held that the deceased fell within the jurisdiction of the UK within the meaning of Article 1 ECHR, and that the UK had breached its obligation under Article 2 to carry out an adequate and effective investigation into the deaths with respect to the first five applicants.

Date of decision: 07-07-2011