Case summaries
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.
In this case there was a serious risk that the Applicants’ asylum claims, which in principle should have been readmitted in Hungary in accordance with the Dublin II Regulation, would not be dealt with by the Hungarian authorities in accordance with all the guarantees required by the respect for the right to asylum. The French authorities therefore needed to grant them a temporary right of residence for asylum-related reasons.
A man from Cameroon whom the UNHCR considered a refugee and granted permanent leave to remain in Sweden as a quota refugee was refused his application for refugee status and travel documents.
This case concerns a child asylum applicant who had his appeal against refusal of asylum considered after he had turned 18, and thus had become an adult. He complained that this breached Article 39 of the Procedures Directive (effective remedy).
The Court found that the decision refusing protection and containing a return order issued to an asylum seeker, whose spouse obtained a temporary residence permit within a regularisation action, would infringe his right to respect for family life, as defined in the ECHR.
The Council of State ruled that non-governmental organisations who, by way of their statutory objects and their actions, can prove a sufficient interest in relation to the subject-matter of the proceedings, can make an application before the CNDA on the terms set out by the Council of State.
In this case, the Council of State held that the CNDA had made an error of law in ruling that Nigerian women who were victims of human trafficking networks and who had actively sought to escape the network constituted a social group within the meaning of the 1951 Refugee Convention.
The issue in this case was “complicity” – the Court analysed the facts of the applicant’s involvement in a violent paramilitary force in Iran to determine whether he was complicit in crimes against humanity, so as to be excluded from international protection.
It must be noted that the Applicant’s occupation as a pharmacist meant that according to the country of origin information, he could be a target group for the country`s security forces if they suspected that assistance was being provided to the insurgents. This was considered to constitute the Applicant`s imputed political opinion to be taken into consideration in light of the right to asylum, in other words, circumstances to be considered pursuant to the Geneva Convention.
This case related to a dispute as to whether the UK or Belgium had responsibility for determining the applicant’s asylum claim
The Applicant challenged the first instance decision and was granted refugee status on the basis of a fear of persecution on grounds of his imputed political opinion, which was not identified by the asylum authority (OIN). The asylum authority considered Kabul as an alternative for internal protection, which was rejected by the Court since the Applicant had no family ties and employment in Kabul, which is getting overpopulated and residents are threatened by terrorist attacks.