Case summaries

Belgium – Council for Alien Law Litigation, 11 August 2010, Nr. 47.186
Country of applicant: Afghanistan

The CALL ruled that it is an applicant’s obligation to give as complete a picture as possible of their profile and past, including the countries and places of previous residence, in order to allow an assessment of the need for subsidiary protection. In the case of a stay/residence of many years outside his/her country of origin, it cannot be ruled out that the applicant has citizenship in a third country and that protection in Belgium is not needed.

Date of decision: 11-08-2010
ECtHR - Mengesha Kimfe v. Switzerland, no. 24404/05, 29 July 2010
Country of applicant: Ethiopia

The applicant and her husband were both Ethiopian nationals who had their asylum applications in Switzerland definitively rejected, but were unable to return. The Swiss authorities refused the applicant’s requests to be transferred to her husband’s canton, leading to approximately 5 years separation.

The Court found a violation of their Article 8 right to respect for family life, as the measure had not been necessary in a democratic society.

Date of decision: 29-07-2010
ECtHR - Agraw v. Switzerland, no. 3295/06, 29 July 2010
Country of applicant: Ethiopia

The applicant and her husband were both Ethiopian nationals who had their asylum applications in Switzerland definitively rejected, but were unable to return. The Swiss authorities refused the applicant’s requests to be transferred to her husband’s canton, leading to approximately 5 years separation.

The Court found a violation of their Article 8 right to respect for family life, as the measure had not been necessary in a democratic society. 

Date of decision: 29-07-2010
France - Administrative Tribunal, 29 July 2010, Mr.A., No 1013868/9-1
Country of applicant: Afghanistan

The French authorities shall use the sovereignty clause in the Dublin Regulation, under the judge’s supervision, when the rules that determine responsibility of a member state for the asylum procedure may infringe on international and national rights guaranteed to refugees and applicants for asylum. In this case a transfer order to Hungary, where the applicant had on two occasions been detained in unsuitable conditions, was held to be an unlawful infringement of the applicant’s right to asylum.

Date of decision: 29-07-2010
Austria – Asylum Court, 29 July 2010, S3 403.581-3/2010/2E
Country of applicant: Russia (Chechnya)

In this case, the Austrian Asylum Court held the decision of the Federal Asylum Office not to grant refugee status to the applicant’s child was a violation of Austrian asylum law since the child’s father had been granted refugee status. The Court also held a separation of the newborn child from its mother violates Art 8 ECHR and, therefore, the applicant’s asylum application has to be admitted to the procedure on the merits.

Date of decision: 29-07-2010
UK - Supreme Court, 28 July 2010, R (on the application of ZO (Somalia) and others (Respondents) v Secretary of State for the Home department ( (Appellant) [2010] UKSC 36"
Country of applicant: Myanmar, Somalia

This case concerned whether the provisions of the Reception Conditions Directive apply to subsequent asylum applications (fresh claims) as with initial claims for asylum. It was confirmed that that the provisions do apply. 

Date of decision: 28-07-2010
Austria - Asylum Court (AsylGH), 27 July 2010, S8 413923-1/2010
Country of applicant: Afghanistan

In a decision on whether the return of an unaccompanied minor to Hungary under the Dublin Regulation is unlawful in light of Art. 3 ECHR and therefore the sovereignty clause should be used, Art. 24(2) of the Charter of Fundamental Rights of the European Union(CFRU – best interest of the child as a primary consideration for authorities) is significant.

Date of decision: 27-07-2010
France - CNDA, 27 July 2010, Mr. A., n°08013573
Country of applicant: Afghanistan

The current situation in the province of Kabul cannot be seen as a situation of indiscriminate generalised violence, within the meaning of Article L.712-1 c) of Ceseda [which transposes Article 15 (c) of the Qualification Directive].

Date of decision: 27-07-2010
ECtHR- A.A. v. Greece, Application no. 12186/08, 22 July 2010
Country of applicant: Palestinian Territory

The European Court of Human Rights held that there was a violation of Article 3 of the Convention with regards to the applicant’s living conditions in the detention centre of Samos and the authorities’ lack of diligence to provide him with the appropriate medical assistance. Furthermore, it found a violation of Article 5 para 1 and 4 regarding the lawfulness of his detention and his right to liberty.

Date of decision: 22-07-2010
Belgium – Council for Alien Law Litigation, 22 July 2010, Nr. 46.578
Country of applicant: Iraq

The CALL ruled that the Qualification Directive, with reference to the grounds for revocation, clearly shows a difference between the various types of protection and that there is no indication that the Belgian legislator wished to deviate from this. Subsidiary protection can be revoked on the basis of a “serious crime” committed after protection was granted.

Date of decision: 22-07-2010