Case summaries
The rules on safe third countries, according to which applications for international protection in the event of a threatened violation of Art 8 ECHR must not be refused on the basis of formal safety in another country, is to be applied similarly to the Dublin II Regulation. If the Applicant already has subsidiary protection in one Member State, in accordance with the Dublin II Regulation his application in a different State in which his son, who is a minor and entitled to asylum, is living, (in addition to the Applicant’s pregnant wife) must not be refused. On the contrary, this State must make use of the right to assume responsibility for the examination.
The ban on the introduction of new matters in appeal proceedings as stipulated in the Asylum Act does not violate the right of access to the courts contained in the Charter of Fundamental Rights of the European Union as it represents a proportional restriction.
The Returns Directive does not permit an entry ban to be time limited only in circumstances where the recipient makes an application for such.
An adult man was granted refugee status with reference to his familial relationship with his mother.
This case involved a violation of the right to equal treatment of foreigners as a result of a rejection of the application for international protection and expulsion of the homosexual Applicant to Nigeria because of a failure by the decision-maker to make its own country determinations and to thoroughly examine the situation of homosexuals in Nigeria.
In determining the lawfulness of continued detention after a breach of defence rights, the domestic authorities must ask whether, in light of all factual and legal circumstances, the outcome of the administrative procedure at issue could have been different if the third-country nationals in question had been able to put forward information which might show that their detention should be brought to an end.
In the procedure for extending subsidiary protection all reasons that the Applicant stated in his application for international protection are relevant and not merely the reasons on the basis of which subsidiary protection was recognised.
The Helsinki Administrative Court took the view that a residence permit had to be granted to an Afghan asylum seeker on the grounds of subsidiary protection due a threat of vendetta based on a land dispute.
This was a decision of the Polish Refugee Board of 29 August 2013 to uphold that part of the decision of the Head of the Polish Office for Foreigners which concerned refusal to accord refugee status and to overturn the remainder of the decision as well as to grant subsidiary protection.
The results of the linguistic analysis carried out by an external expert company should be assessed in the context of all the evidence gathered in the case, taking into account the principle of the benefit of doubt, also as regards establishing the country of origin.
Certain inaccuracies in the detail actually lend credibility to the testimony. This is evident particularly if one takes into account the fact that the foreign woman is a simple person without any education.
In the case of a Palestinian stateless asylum-seeker from Lebanon, the Court found the objection of the OIN (that was otherwise unverified by documents and based on which the decision to reject was made) to be unfounded, and recognised the Applicant as refugee. The Court emphasized that any procedure where the contents of the objection concerning a matter of national security are not subject to review, is arbitrary and seriously contradicts the principles of the rule of law as it makes the right to an effective remedy meaningless.