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UK - Khaled v Secretary of State for the Home Department no 1, 18 April 2016
Country of applicant: Afghanistan, Iran, Iraq

The judgment examined whether returns of asylum seekers to Bulgaria would be contrary to their Article 3 rights. The court held that the Bulgarian system has significantly improved since the UNHCR report in 2014 which prohibited returns of asylum seekers. As a result the returns would not be in breach of Article 3. 

Date of decision: 18-04-2016
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,European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 4,Article 19,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 27,Article 28
Netherlands – Council of State, Administrative Law section, 13 April 2016, 201506502/1/V2
Country of applicant: Cuba

The administrative court may not replace the State Secretary’s credibility assessment of the asylum claim with his own assessment. The administrative court can, however, express its opinion on the underlying facts submitted by the Secretary of State. 

Date of decision: 13-04-2016
Relevant International and European Legislation: Article 47,Article 46,Article 6,Article 13
Netherlands – Court of The Hague, 7 April 2016, NL16.6
Country of applicant: Mali

The three cumulative prerequisites for an internal protection alternative are not fulfilled, as it cannot be reasonably expected of the refugee to settle in the proposed part of the country. The UNHCR’s reasonability test is comparable with the national legislation’s one and UNHCR defines the internal protection alternative as ‘unreasonable’.

Date of decision: 07-04-2016
Relevant International and European Legislation: EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 15
Slovenia - Administrative Court of the Republic of Slovenia, I U 495/2016, 6 April 2016
Country of applicant: Pakistan
Keywords: Detention

The mere fact that the applicant does not have an identity document does not mean that there was a reason for limiting his freedom of movement based on the first alinea of Article 51(1) of IPA (establishment of identity). The mere presumption that the applicant has deliberately thrown the passport away in order to conceal his identity and country of origin does not mean that doubts exists concerning the applicant’s identity. Doubts of the identity of applicants for international protection may exist for example if the applicants change their personal information during the procedure.

Date of decision: 06-04-2016
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 6
Cyprus – Supreme Court, Fasel v Republic Of Cyprus, 31 March 2016, No 236/15
Country of applicant: Iran
Keywords: Detention, Return

Detention of migrants for criminal offences subject to return is lawful even if asylum-seeker status is subsequently acquired. The application of 2008/115/EC is then not mandatory and the detention’s duration is not addressed under Article 5 (1)(f) therefore is to be judged ad hoc.

 

Date of decision: 31-03-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 2,Article 15,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5
Austria – Supreme Administrative Court, 31 March 2016, Ra 2015/20/0231
Country of applicant: Iran

The Supreme Administrative Court (SAC) submitted the following two questions to the Court of Justice of the European Union (CJEU) for a preliminary ruling according to Article 267 TFEU:

Are the provisions of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person 1 that confer the right to an effective remedy against a transfer decision, in particular Article 27(1), to be interpreted as meaning that an applicant for asylum is entitled to claim that responsibility has been transferred to the requesting Member State on the ground that the six month transfer period has expired (Article 29(2) in conjunction with Article 29(1) of Regulation No 604/2013 in light of the 19th recital)?
 
If the answer to Question 1 is in the affirmative:
 
Does the transfer of responsibility under the first sentence of Article 29(2) of Regulation No 604/2013 occur by the fact of the expiry of the transfer period without any order or, for responsibility to be transferred because the period has expired, is it also necessary that the obligation to take charge of, or to take back, the person concerned has been refused by the responsible Member State?
Date of decision: 31-03-2016
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 10,Article 17,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Recital (19),Article 13,Article 17,Article 18,Article 22,Article 25,Article 27,Article 29,Treaty on the Functioning of the European Union 2010/C 83/01,Article 267 § 2,Article 267 § 1 (b)
Italy - Ordinary Tribunal of Milan, 31 March 2016, n. 64207
Country of applicant: Gambia

The Italian consolidated Law on Migration (Art. 5(6) n. 286/1998) requires humanitarian protection to be given where a person is in a situation of vulnerability. Such a situation occurs when the applicant’s constitutional and international fundamental rights, such as health and nutrition, are compromised.

Date of decision: 31-03-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004
The Netherlands – Supreme Court, 29 March 2016, 14/00826

The Supreme Court has requested two preliminary rulings to the Court of Justice of the European Union. The time of onset and the determination of the duration of the suspect’s ‘undesirable declaration’, which is considered equal to an entry ban, are under discussion since this statement had already been issued before the Return Directive was operational.

Date of decision: 29-03-2016
Relevant International and European Legislation: European Union Law,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Recital (2),Recital (4),Recital (6),Recital (8),Recital (10),Recital (11),Recital (14),Recital (24),Article 3,Article 7,Article 11
Germany - Administrative Court Minden, 29. March 2016, 10 L 314/16.A
Country of applicant: Nigeria
Keywords: Dublin Transfer

The Administrative Court Minden has temporarily prohibited the Dublin transfer of a Nigerian refugee to Italy due to systematic deficiencies within the local reception conditions.

Date of decision: 29-03-2016
Relevant International and European Legislation: Article 4,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 8,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
Germany - Federal Administrative Court, 1 C 10.15, 22 March 2016
Country of applicant: Iran

When a Member State accepts a request by Germany to take charge of an applicant in accordance with Regulation (EC) No 343/2003 of 18 February 2003 (the “Dublin II Regulation”), the applicant may be transferred to that Member State even if he/she limits his/her application to subsidiary protection after the request to take charge has been accepted.

Date of decision: 22-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 19,European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 4,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 2,Article 3,Article 4,Article 5,Article 9,Article 16,Article 17,Article 18,Article 19,Article 20,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 49,Treaty on the Functioning of the European Union 2010/C 83/01