Case summaries
The Court of Justice held that defending personal interests against illegally acting non-state actors due to state corruption can be regarded as ‘political opinion’ under Directive 2011/95 if perceived as opposition by the persecuting actors.
Except for very limited exceptions, the statutory three-year waiting period for family reunification of persons granted ‘temporary protection’ does not allow for an individualised assessment of the interest of family unity in light of the concrete situation of the persons concerned. Eventually the Court finds a violation of Article 8 of the Convention since the measure (whose goal is not otherwise challenged) had a disproportionate impact in the case at hand.
The Administrative Court considered the removal of a Sri Lankan from the UK to Cyprus under the Dublin Regulation. The applicant had been recognised under UNHCR’s mandate as being a refugee in Malaysia but had subsequently travelled via Thailand, Syria and Cyprus to the UK. The Court found that there was no legitimate expectation under the UK’s Mandate Refugee policy to consider his claim in the UK. Further, applying the principles in MSS v Belgium and Greece and KRS v UK, it found that the evidence was insufficient to establish that he faced a risk of onward refoulement from Cyprus to Sri Lanka or that detention conditions or living conditions in Cyprus should prevent his removal.