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Bulgaria, CJEU (Second Chamber), Aleb, C-718/24, 5 February 2026
Country of applicant: Syria

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.

 

Date of decision: 05-02-2026
Relevant International and European Legislation: Recital (18),Recital (43),Recital (44),Recital (46),Article 6,Article 7,Article 8,Article 9,Article 10,Article 11,Article 12,Article 13,Article 14,Article 15,Article 16,Article 17,Article 18,Article 19,Article 20,Article 21,Article 22,Article 23,Article 24,Article 25,Article 26,Article 27,Article 28,Article 29,Article 30,Article 32,Article 33,Article 46,Article 2,Article 15,Article 267 § 2,Article 267 § 1 (b)
Slovenia, Court of Justice (Eighth Chamber), Abboudnam, C‑58/23, 27 September 2023
Country of applicant: Morocco

A three-day time limit, including public holidays and non-working days, for lodging an appeal against a decision rejecting an application for international protection as manifestly unfounded under an accelerated procedure is incompatible with Article 46(4) of the Asylum Procedures Directive where it restricts the effective exercise of the rights guaranteed in Article 12(1)(b) and (2), and Articles 22 and 23 of that Directive.

Date of decision: 27-09-2023
Relevant International and European Legislation: Article 47,Recital (20),Recital (23),Recital (25),Recital (50),Article 12,Article 20,Article 22,Article 23,Article 30,Article 46,Art 51.1
Spain - National Court. Chamber of Contentious-Administrative Proceedings n. 478/2022, 24 February 2022, Appeal n. 769/2020
Country of applicant: Ukraine

Account must be taken of the evolution of the circumstances in the country of origin, from the moment of the application for international protection, until the moment when the Court has to take a decision.

In this instance, relying on the change of circumstances that has taken place in Ukraine since the Applicants introduced the demand, the Court grants subsidiary protection status to a Ukrainian family. The current international conflict taking place in Ukraine exposes them to a risk of  serious harm.

Date of decision: 24-02-2022
Relevant International and European Legislation: Article 2,Article 10,Article 36,Article 46,Recital (15),Article 2,Article 3,Article 4,Article 8
CJEU, H. A. v Etat belge C-194/19

Article 27(1) of Dublin III Regulation read in the light of recital 19 thereof, and Article 47 of the Charter preclude national legislation that bars domestic courts from assessing an application for annulment of a Dublin transfer decision by considering circumstances that emerged after the transfer decision was adopted and which are decisive for the correct application of the regulation. However, such circumstances may not be considered if that legislation foresees a specific remedy with ex nunc review that can be exercised after the emergence of the new circumstances is not conditional on the person’s deprivation of liberty or on the imminent implementation of that decision.

Date of decision: 15-04-2021
Relevant International and European Legislation: Article 47,Article 46,Recital (4),Recital (5),Recital (19),Article 2,Article 10,Article 17,Article 27,Article 267 § 2,Article 267 § 1 (b)
CJEU – C-507/19, Bundesrepublik Deutschland v. XT, 13 January 2021
Country of applicant: Syria

When analysing if protection from UNRWA has ceased (Article 12(1)(a) Directive 2011/95), account must be taken of the possibility for the individual to concretely access effective protection in any of the other fields within UNRWA area of operations.

Assistance from the Agency must be considered as maintained when an individual has left UNRWA area of operations from a field where he couldn’t obtain effective protection, if the person had previously voluntarily left a field where he could access UNRWA’s assistance, even though he could reasonably foresee, according to the information available for him at the moment of departure, that he wouldn’t be able to receive effective protection from the Agency in the field he was travelling to, or return to the field of origin in the short term.

Date of decision: 13-01-2021
Relevant International and European Legislation: Art 1D,Recital (18),Article 2,Article 46,Recital (1),Recital (4),Recital (16),Recital (23),Recital (24),Article 2,Article 11,Article 12,Article 14,Article 78
Switzerland: Federal administrative court, 13 March 2020, D-1003/2020

An application for a revision of a final court decision of the Swiss Federal Court is only admissible if the applicant presents new relevant facts or evidence which he was not able to provide in previous proceedings even if he had acted with due diligence.

If the new evidence relates to another person’s hearing files (in the case at hand a relative’s hearing protocol before the Swiss asylum authority) the fact that the files could not be retrieved during the proceedings cannot be attributed to the applicant if he lacked the required consent from the person concerned to access the files. By rule of principle, it is the asylum authority’s duty to consult relevant documents for the assessment of an application which is notably the case for statements made by family relatives if the factual circumstances on which the respective applications are based are closely related.

 

Date of decision: 20-03-2020
Relevant International and European Legislation: Article 47,Article 10,Article 12,Article 46,Article 3,Article 13
France - Administrative Court of Appeal of Metz, 26 November 2019, N° RG 19/00909
Country of applicant: Afghanistan

The administrative detention of an Afghan national was imposed on the basis of a procedural error due  to the lack of relevant documentation and unjustified information by the French authorities (Prefect and Prosecutor).

Date of decision: 26-11-2019
Relevant International and European Legislation: Art 26,Article 45,Article 47,Article 20,Article 40,Article 46,Article 13,Article 4,Article 14,Article 19
C-556/17 - Torubarov, 29 July 2019
Country of applicant: Russia

In order to guarantee that an applicant for international protection has an effective judicial remedy within the meaning of Article 47 of the Charter, a national court or tribunal is required to vary a decision of the first-instance determining body that does not comply with its previous judgment. The court or tribunal must substitute its own decision on the application for international protection by disapplying, if necessary, the national law that prohibits it from proceeding in that way.  

Date of decision: 29-07-2019
Relevant International and European Legislation: Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (18),Recital (50),Recital (60),Article 2,Article 46,Article 51,Article 52,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 1,Article 2,Article 13,Article 14,Article 15,Article 18,Article 19
Belgium - Council for Alien Law Litigation, June 19th 2019, X. v. Commissioner-General for Refugees and Stateless Persons, n° 222 826
Country of applicant: Guinea

A Guinean woman who has been forced into marriage at a young age and subsequently harassed into marrying her late husband’s brother, is a refugee under article 1, section A §2 of the Geneva Convention. She risks being persecuted by reason of her membership in the social group of women, and considering the regular violation of women’s rights occuring in Guinea.

Date of decision: 19-06-2019
Relevant International and European Legislation: Art 1A (2),Art 1F,Article 24,Art 24.2,Article 5,Article 46,Article 4,Article 23
CJEU - C‑662/17, E.G. v Republika Slovenija
Country of applicant: Afghanistan

The CJEU ruled on whether an individual could appeal a decision which refused refugee status but granted subsidiary protection status, even if the rights and benefits afforded by each international protection status are identical in national law.

Date of decision: 18-10-2018
Relevant International and European Legislation: Article 1,Article 10,Article 46,Art 46,Recital (8),Recital (9),Recital (39),Article 2,Article 3,Article 11,Article 12,Article 14,Article 16,Article 17,Article 19,Article 20,Article 21,Article 24