Case summaries

The Slovenian legislature has not fulfilled its obligations under the provisions of Article 2(n) of the Dublin Regulation. The possibility of an analogous application of Article 68 of the Aliens Act-2 has a very weak basis in terms of the objective criteria required. It can only be sufficient in a particular case if in light of the specific circumstances of the case there is no doubt about the existence of the risk of absconding.

In assessing asylum applications, national authorities are entitled to consider material contained in the files of third parties. In reviewing such cases, national courts will be under a duty to consider the same material. This does not conflict with the applicant’s right to confidentiality. 

It is unlawful to transfer an asylum applicant under the Dublin Regulation to a country, in this case Bulgaria, where the reception conditions conflict with Article 4 of the EU Charter of Fundamental Rights.

The application for international protection by a Syrian national was declared inadmissible based on the finding that Egypt was a Safe Third Country for the applicant. The Court of the Hague concludes that the State Secretary has failed to substantiate his claim that Egypt could be considered a Safe Third Country. 

The application was in three parts: the applicants asked the tribunal to annul the police commissioner’s decision on how the registration of asylum requests was carried out in Paris; to compel the police commissioner to re-examine the methods of registration; to fine the state €1500. The first two parts of the application were granted but the third was not. 

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. 

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. 

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.

An asylum applicant can be sent to a Safe Third Country by a Member State who has admitted responsibility under Dublin III in the context of a take back request, where the applicant has left the responsible Member State before a decision on the first asylum application has been taken on its merits.

The absence of information being provided to the sending Member State by the receiving Member State on the latter’s legislation and practice regarding STC does not prevent an asylum applicant being sent to a STC or breach  an applicant’s right to an effective remedy

Where an applicant has been taken back by a responsible Member State there is no obligation on the State to re-open the examination of the application at the exact point where it was left.

In case of conflict between a domestic and international norm the Court is obliged to adhere to the latter and set aside the former. Given the well-established right to an effective remedy in international and European instruments, an element of which relates to the remedy’s timeliness, the court is obliged to remake the OIN’s subsidiary protection decision and provide the applicant with refugee status. This conclusion applies notwithstanding that domestic legislation prohibits the Court from reforming an OIN decision. To abide by this legislation would result in a never-ending appeal procedure thereby rendering the remedy ineffective.