Case summaries

  • My search
  • Relevant International and European Legislation
    1
Reset
CJEU - C-673/19 M and Others (Transfert vers un État membre), 24 February 2021
Country of applicant: Unknown

The Return Directive does not prevent a Member State from placing in administrative detention a third-country national residing illegally on its territory, in order to carry out the forced transfer of that national to another Member State in which that national has refugee status, where that national has refused to comply with the order to go to that other Member State and it is not possible to issue a return decision to him or her.

Date of decision: 24-02-2021
Relevant International and European Legislation: Article 4,Article 18,Article 19,Art 19.2,Recital (2),Recital (4),Recital (5),Article 1,Article 2,Article 3,Article 4,Article 5,Article 6,Article 15
CJEU - Joined Cases C-924/19 PPU and C-925/19 PPU, FMS and Others v Országos Idegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and Országos Idegenrendészeti Főigazgatóság, 14 May 2020
Country of applicant: Afghanistan, Iran

1. A change of the destination country in a return decision by an administrative authority should be regarded as a new return decision requiring an effective remedy in compliance with Article 47 CFREU.

2. The national legislation providing for a safe transit country ground applicable in the present case is contrary to EU law.

3. The obligation imposed on a third-country national to remain permanently in a closed and limited transit zone, within which their movement is limited and monitored, and which the latter cannot legally leave voluntarily, in any direction whatsoever, constitutes a deprivation of liberty, characterised as "detention" within the meaning of the Reception Conditions (RCD) and Returns Directives (RD).

4. Neither the RCD nor Article 43 of the Asylum Procedures Directive authorise detention in transit zones for a period exceeding four weeks.

5. Detention under the RCD and the RD must comply with the relevant guarantees under EU law including being based on a reasoned detention decision; consisting of a measure of last resort, following an individualised assessment of the case, its necessity and proportionality; and effective judicial review should be available. An applicant for international protection cannot be held in detention solely on the ground that they cannot support themselves. Where detention is found to contravene EU law, domestic courts may release the applicant and order the authorities to provide accommodation in line with the RCD provisions. They are empowered to do so, even if they have no clear jurisdiction under national law.

Date of decision: 14-05-2020
Relevant International and European Legislation: Article 2,Article 4,Article 6,Article 18,Article 26,Article 33,Article 47,Recital (34),Recital (38),Article 2,Article 6,Article 26,Article 33,Article 35,Article 38,Article 40,Article 43,Recital (6),Recital (13),Recital (16),Recital (17),Recital (24),Art 52.3,Article 15,Recital (17),Article 7,Article 8,Article 9,Article 10,Article 17,Article 18,Article 26
ECtHR – M.N. and others v. Belgium, Application no. 3599/18, 5 May 2020
Country of applicant: Syria

Not all cases with an international element can establish jurisdiction under the Convention; an assessment of exceptional circumstances on the basis of the specific facts of each case is required.

The applicants do not have any connecting links with Belgium and their sole presence in the premises of the Belgian Embassy in Lebanon cannot establish jurisdiction, as they were never under the de facto control of Belgian diplomatic or consular agents. Jurisdiction under Article 1 ECHR cannot be established solely on the basis of an administrative procedure initiated by private individuals outside the territory of the chosen state, without them having any connection with that State, nor any treaty obligation compelling them to choose that state.

Date of decision: 05-05-2020
Relevant International and European Legislation: Art 33.1,Article 18,Article 3,Art 51.1,Art 52.3,Article 1,Article 3,Article 6,Article 13,Article 3
ECtHR – Asady and others v. Slovakia, Application no. 24917/15, 24 March 2020
Country of applicant: Afghanistan

The standardised nature of the questions to the applicants and similarities in the responses recorded do not necessarily indicate a lack of individualised assessment. The applicants were not deprived of an opportunity to submit arguments against their expulsion and did not make any claim of persecution risks in their country of origin. No collective expulsion under Article 4 Protocol 4 has been established.

Similarly, no violation of Article 4 Protocol 4 in conjunction with Article 13 has been established, as the claim cannot be considered arguable.

Date of decision: 24-03-2020
Relevant International and European Legislation: Article 18,Article 19,Article 47,Article 3,Article 13,Art 4,Article 2,Article 6
ECtHR - N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15, 13 February 2020
Country of applicant: Ivory Coast, Mali

The Court found no violation of the Convention given that the applicants would have had access to a genuine and effective possibility of submitting arguments against their expulsion had  they entered lawfully into Spain – they did not have any “cogent reasons” for not using the border procedures available at designated entry points. As such, the lack of an individualised procedure for their removal was the consequence of their own conduct.

Date of decision: 13-02-2020
Relevant International and European Legislation: Art 1,Art 3,Art 32,Art 33,Art 31,Art 4,Art 16,Art 22,Article 4,Article 18,Article 19,Art 19.1,Art 19.2,Article 47,Article 6,Article 7,Article 8,Article 9,Article 10,Article 1,Article 2,Article 4,Article 5,Article 8,Article 12,Article 13,Art 33.2,Article 1,Article 3,Article 13,Article 13,Article 2,Article 4,Article 14,Article 21,Art 4,Art. 3,Article 67,Article 78
Italy - Tribunal of Trapani - Office of the Judge for Preliminary Investigations (Piero Grillo)
Country of applicant: Ghana, Sudan

The Court recognised self-defence in a case where migrants were charged with assault against a police officer following their rescue at sea and their impending return to Libya. Their well-founded fear of return to Libya provided the basis for their defence of duress. 

Date of decision: 23-05-2019
Relevant International and European Legislation: 1951 Refugee Convention,Article 4,Article 18,Article 19,Article 3,UN Convention against Torture,Treaty on the Functioning of the European Union 2010/C 83/01
CJEU – Joined Cases C-391/16, C-77/17 and C-78/17, M (Révocation du statut de réfugié)
Country of applicant: Congo (DRC), Ivory Coast, Russia, Russia (Chechnya)
The provisions of Article 14(4) to (6) of Directive 2011/95 cannot be interpreted as meaning that the effect of the revocation or the refusal of the refugee status is that the person concerned, who satisfies the material conditions set forth in Article 1A of the Geneva Convention, is excluded from international protection. Member States, when implementing Article 14(4) and (5) of the directive, are required to grant refugees who are present in their respective territories only the rights expressly referred to in Article 14(6) of that directive and the rights set out in the Geneva Convention that are guaranteed for any refugee who is present in the territory of a Contracting State and do not require a lawful stay.

Article 21(2) of the directive precludes Member States from issuing a measure of refoulement or expulsion against the persons covered by one of the scenarios described in Article 14(4) and (5) of Directive 2011/95 if this would expose the concerned persons to the risk of their fundamental rights as enshrined in Article 4 and Article 19(2) of the Charter of fundamental rights of the EU.

Date of decision: 14-05-2019
Relevant International and European Legislation: Article 18,Article 2,Article 11,Article 12,Article 13,Article 14,Article 21,Article 24,Article 28,Article 34,Article 6,Article 78
CJEU - C-661/17 M.A & others, 23 January 2019

The notification about the intention of withdrawal from the EU by the Member-State responsible for the examination of the application for international protection does not trigger the determining Member-State’s obligation to make use of the discretionary clause of Article 17(1) 604/2013 EU. Similarly, Article 6 (1) cannot be interpreted as imposing an obligation on the Member State that is not responsible to take into account the best interests of the child and to examine the application itself under 17 (1)

Date of decision: 23-01-2019
Relevant International and European Legislation: Article 4,Article 18,Article 47,Art 52.3,Article 3,Recital (1),Recital (2),Recital (3),Recital (4),Recital (5),Recital (13),Recital (14),Recital (15),Recital (16),Recital (17),Recital (19),Recital (32),Recital (39),Recital (41),Article 1,Article 3,Article 6,Article 7,Article 8,Article 11,Article 17,Article 20,Article 27,Article 29,Article 35,Article 78
ECtHR - M.A. and Others v. Lithuania (no. 59793/17), 11 December 2018
Country of applicant: Russia

The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR. 

Date of decision: 11-12-2018
Relevant International and European Legislation: 1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Recital 6,Art 1,Art 33,Art 31,European Union Law,International Law,Recital 8,EN - Charter of Fundamental Rights of the European Union,Article 18,Article 19,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 2,Article 15,Article 21
CJEU - C-652/16, Nigyar Rauf Kaza Ahmedbekova, Rauf Emin Ogla Ahmedbekov v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Country of applicant: Azerbaijan

CJEU rules on the correct processing of applications for international protection lodged separately by family members and the interrelationship between them.

Date of decision: 04-10-2018
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 7,Article 18,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 2,Article 7,Article 33,Article 40,Article 46,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Recital (14),Article 2,Article 3,Article 4,Article 10,Article 12,Article 13,Article 15,Article 18,Article 23,Article 31