Case summaries
Ireland - Agha (a minor) & Ors v. Minister for Social Protection & Ors, 17 January 2017
Country of applicant:
Afghanistan, Nigeria
Keywords:
Refugee Status
Analysing the legality of the refusal to grant child benefit payments to parents who are not habitually resident within the State for the benefit of their children.
Date of decision:
17-01-2017
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 23,Art 28,Art 20,EN - Charter of Fundamental Rights of the European Union,Article 18,Recital 14,Recital 33,Recital 34,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Art 23,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
Austria - Labour and Social Court (ASG), Vienna, 17 April 2013, 24 Cgs 242/12x-17
Country of applicant:
Unknown
Keywords:
Subsidiary Protection, Health (right to)
Recalling the direct applicability of the Qualification Directive (Article 28, 29, recital 34), the Labour and Social Court of Vienna held that the refusal of a care allowance for beneficiaries of subsidary protection status was unlawful. The (minimum) core benefits to be granted to beneficiaries of subsidary protection status are to include at least support in the event of illness, whereby in accordance with Community law, the Austrian care allowance represented such support in the event of illness.
Date of decision:
17-04-2013
Relevant International and European Legislation:
Art 28,Art 29,Art 38,ECHR (Sixth Protocol),ECHR (Thirteenth Protocol),Recital 34,Article 2,Article 3