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UK - R (on the application of SG) v Secretary of State for the Home Department, also known as R (on the application of K) v Secretary of State for the Home Department, 22 June 2017
Country of applicant: Burundi
Keywords: Best interest of the child, Delay, Reception conditions, Material reception conditions

The reduction in the financial allowance available to child dependants of asylum seekers was not contrary to the requirement that the best interests of the child be a primary consideration in all actions concerning children.

Date of decision: 22-06-2017
Relevant International and European Legislation: European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 1,Article 18,Article 21,Article 24,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Recital (5),Recital (7),Article 1,Article 13,Article 17,Article 18,Article 24,2.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Recital (9),Recital (11),Recital (24),Recital (35),Article 1,Article 17,Article 21,Article 22,Article 23,Article 29,UN Convention on the Rights of the Child
CJEU - C-578/16 PPU, C.K. and others
Country of applicant: Egypt, Syria
Keywords: Individual assessment, Medical Reports/Medico-legal Reports, Reception conditions, Request that charge be taken, Dublin Transfer, Accommodation centre, Health (right to), Vulnerable person

Even where there are no substantial grounds for believing that there are systemic flaws in the Member State responsible, a Dublin transfer can only be carried out in conditions which exclude the possibility that that transfer might result in a real and proven risk of the person concerned suffering inhuman or degrading treatment within the meaning of Article 4 CFR EU.

If there is a real and proven risk that the state of health of an applicant who suffers from a serious mental or physical illness would significantly and permanently deteriorate, that transfer would constitute a violation of Article 4 CFR EU.

It is for the courts and authorities of the requesting Member State to eliminate any serious doubts concerning the impact of the transfer on the health of the person concerned by taking all necessary precaution. If the taking of precautions is not sufficient, it is for the authorities of the Member State concerned to suspend the execution of the transfer for as long as the applicant’s conditions render him unfit for transfer.

Member States may choose to conduct its own examination of that person’s application by making use of the “discretionary clause” laid down in Article 17(1) DRIII, but is not required to do so.

Date of decision: 16-02-2017
Relevant International and European Legislation: Art 33,Article 1,Article 4,Article 19,Article 51,Article 52,Article 17,Article 18,Article 19,Article 3,Recital (4),Recital (5),Recital (9),Recital (32),Recital (34),Article 3,Article 12,Article 17,Article 27,Article 29,Article 31,Article 32,Article 267 § 2,Article 267 § 1 (b),Article 78
Belgium – X v. Federal Agency for the Reception of Asylum SeekeBelgium – X v. Federal Agency for the Reception of Asylum Seekers (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258 rs (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258
Country of applicant: Iraq
Keywords: Procedural guarantees, Accommodation centre, Integration measures

The principle of material continuity applies to the transition from one form of aid to another. A family who has been granted international protection should be accomodated in reception centers for refugees until they benefit from financial assistance and a stable private housing, even if it means extending the deadline to fins accommodation that had been given to them following their recognition as refugees.

 

Date of decision: 08-03-2016
Relevant International and European Legislation: Article 7,Article 17,Article 18,Article 20
CJEU - C‑79/13, Federaal agentschap voor de opvang van asielzoekers v Selver Saciri and Others
Keywords: Best interest of the child, Family unity (right to), Reception conditions, Material reception conditions

The case concerns a family of asylum seekers who needed accommodation in Belgium while their asylum application was being considered. The CJEU declares that if a Member State chooses to provide material reception to asylum seekers in the form of a financial allowance rather than direct public services, the allowance must be enough to ensure a dignified standard of living. In addition, the allowance must be provided from the time at which the asylum application is made and should ensure that it is sufficient to enable minor children to be housed with their parents in order to maintain the family unity of the asylum seekers.

Date of decision: 27-02-2014
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 1,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Recital (7),Article 5,Article 13,Article 14,Article 17,Article 18