Case summaries

The safe third country ground under Article 33(2)(c) of Directive 2013/32 is optional; an application may be declared inadmissible on that basis even if the applicant qualifies for international protection, but it cannot be rejected as unfounded on that ground.

Article 38 requires national law to define criteria establishing a sufficient connection between the applicant and the third country to make transfer reasonable.

Article 38(2)(b) and (c) of Directive 2013/32 permits reliance on publicly available sources and executive lists of safe third countries, provided that national law sets out a methodology for an individualised assessment of safety and allows the applicant to challenge the existence of the required connection.

Courts hearing appeals must verify the existence of such a connection, even if national law does not expressly grant that power.

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.

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

When examining the acceptance of an asylum claim, the authorities have to study whether the testimony of the applicant is based on presumably true facts. Only if it is manifestly false could the admission of this application be denied.

The principle of family unity has to be taken into account regarding the assessment of the circumstances of the applicant, especially since his sister’s application for international protection was accepted.