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UK - Esmaiel Mohammed Pour (1), Seid Jafar Hasini Hersari (2), Majid Ghulami (3) v The Secretary of State for the Home Department
Country of applicant: Iran
Keywords: Accelerated procedure, Effective access to procedures, Detention, Effective remedy (right to), Legal assistance / Legal representation / Legal aid, Medical Reports/Medico-legal Reports, Non-refoulement, Procedural guarantees, Right to remain pending a decision (Suspensive effect), Safe third country, Standard of proof, Subsequent application, Dublin Transfer, Access to the labour market, Final decision, Obligation to give reasons, Request to take back, Return, Health (right to)

The case concerns three unconnected Iranian nationals who unsuccessfully claimed asylum in the Republic of Cyprus then came to the UK where they made asylum claims.  A further right to appeal remained with the Cypriot Supreme Court.  The case is a challenge by the applicants to the SSHD’s refusal to decide their asylum claims substantively; certification of their asylum claims on safe third country grounds; and certification of their human rights claims as clearly unfounded.

The Court concluded that there was no real risk that the applicants, if returned to Iran from Cyprus, would be refouled there and the inclusion of Cyprus on the list of safe third countries involves no incompatibility with the ECHR.  The Court was wholly unpersuaded that there was any flagrant breach of Article 5 in Cyprus for Dublin returnees who have had a final decision on their claim.

Date of decision: 01-03-2016
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 25,Art 15,Art 18,Art 32,Art 34,Art 39.1 (c),EN - Charter of Fundamental Rights of the European Union,Article 4,Article 6,Article 19,Art 19.2,Article 47,Article 52,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 20,Article 21,Article 33,Article 40,Article 46,Art 15.2,Art 15.3 (b),Art 15.3 (d),Art 39.3,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 13,Article 15,2.,Art 52.3,Article 2,Article 3,Article 4,Article 5,Article 6,Article 13,Art 5.1,Art 5.2,Art 5.3,Art 5.4,Art 5.5,Art 6.3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 23,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9
France - National Court of Asylum, 7 January 2016, Mrs S spouse of M and Mr M v Director General of OFPRA
Country of applicant: Kosovo
Keywords: Effective access to procedures, Personal interview, Procedural guarantees, Relevant Facts, Relevant Documentation, Subsequent application

A subsequent application is not admissible unless the interested party presents new facts or elements relating to his personnel situation or to the situation in his country of origin, out of which he could not have had knowledge of previously, and likely, if they have probative value, to modify the appreciation of the legitimacy or the credibility of the application of the interested party.

The director general of OFPRA was right to find that the elements that the applicants presented before him did not significantly increase the probability that they would meet the qualifying conditions to claim protection and that their subsequent applications were inadmissible, without having undertaken a hearing before making the decision on inadmissibility.

Date of decision: 07-01-2016
Relevant International and European Legislation: 1951 Refugee Convention,European Union Law,International Law,EN - Charter of Fundamental Rights of the European Union,Article 18,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 33,Article 40,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78
Germany - Federal Administrative Court, 23 October 2015, 1 B 41.15
Country of applicant: Afghanistan
Keywords: Subsidiary Protection, Refugee Status, Inadmissible application, Responsibility for examining application, Dublin Transfer

The rules of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (“International Protection Directive”) do not prohibit the review of an application for asylum in Germany in a case where an applicant has previously been granted subsidiary protection in another Member State, if such application for asylum has been filed before 20 July 2015. This is because the inadmissibility of applications filed before 20 July 2015 is governed by the Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (“Asylum Procedures Directive”). According to Article 25 of the Asylum Procedures Directive, Member States may consider an application for asylum as inadmissible if another Member State has granted refugee status, but not if another Member State has granted subsidiary protection. 

Date of decision: 23-10-2015
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 5,Art 25,European Union Law,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 33,Article 52