Case summaries
France - Council of State, 11 November 2010, Ministry of Immigration vs. Mr. K., n°344286
Country of applicant:
Afghanistan
Keywords:
Reception conditions
The lack of measures provided by law ensuring decent material reception conditions to asylum seekers can constitute a serious and manifestly illegal infringement of the right of asylum. The assessment of the serious and manifestly illegal nature of such an infringement must take into account the means which are at the disposal of the relevant administrative authority.
Date of decision:
19-11-2010
Relevant International and European Legislation:
EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 2,2.,5.,8.
UK - Supreme Court, 28 July 2010, R (on the application of ZO (Somalia) and others (Respondents) v Secretary of State for the Home department ( (Appellant) [2010] UKSC 36"
This case concerned whether the provisions of the Reception Conditions Directive apply to subsequent asylum applications (fresh claims) as with initial claims for asylum. It was confirmed that that the provisions do apply.
Date of decision:
28-07-2010
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 23.4 (h),Art 32,Art 34,Recital 15,Art 7.2,Art 24.1,Art 39.1 (c),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 6,Article 8,Article 10,1.,2.,2.,1.,Article 16,1.