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Netherlands - AJDCoS, 7 July 2010 , 200907796/1/V2
Country of applicant: Russia
Keywords: Subsequent application

The court confirmed in this case that the assessment framework of Art 4:6 of the General Administrative Law Act, in relation to subsequent asylum applications, is in conformity with the Asylum Procedures Directive.

Date of decision: 07-07-2010
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 32.3,Art 32.5,Art 32.6,Art 32.4,Art 32.2,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Czech Republic – Supreme Administrative Court, 23 June 2010, A.B. v. Ministry of Interior, 4 Azs 16/2010-47
Country of applicant: Algeria
Keywords: Non-refoulement, Serious harm, Subsequent application, Subsidiary Protection, Inadmissible application

Even if the conditions for considering a subsequent application as inadmissible are fulfilled, the Ministry of Interior is still obliged to consider whether the applicant is in danger of serious harm upon return to his or her country of origin.

Date of decision: 23-06-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 15,Art 25.2 (f),Art 32.3,Art 32.1,Art 32.4
Sweden - Migration Court of Appeal, 3 December 2009, UM 4081-09
Country of applicant: Afghanistan
Keywords: Procedural guarantees, Subsequent application

If re-examination of a case under the Aliens Act Chapter 12 Section 19 (provides for re-examination of a claim on the presentation of information supporting a need for international protection) has been granted, the Migration Board cannot deny a residence permit without an oral healing having been held.

Date of decision: 03-12-2009
Relevant International and European Legislation: Art 12.1,Art 32.3,Art 32.4,Art 2 (b),Art 12.2 (c),Art 32.2 (b)