Case summaries

Requests for family reunification must be examined even if the third-country national, who is a family member of an EU citizen who has never exercised his right of freedom of movement, is subject to an entry ban. Whether there is a relationship of dependency between the third-country national and the EU citizen and whether public policy grounds justify the entry ban must be assessed on a case-by-case basis.

The fact that a person cannot be repatriated under Article 3 of the ECHR does not imply that that person should be granted a leave to reside in the host country by way of subsidiary protection under Directive 2004/83. The person concerned is eligible for subsidiary protection only if there is a real risk of him being intentionally deprived, in his country of origin, of appropriate health care.

The Spanish Supreme Court’s Administrative Chamber decides on the appeal of an asylum applicant, whose application has been rejected.  The applicant states that upon return to his home country (Ivory Coast) he will suffer a risk of persecution.

However, both the National Court and the Supreme Court ruled that no risk of persecution exists in this case, because there is no enough evidence to conclude on that risk.

The Council of State requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on the compatibility of Belgian Law with Article 5 of Directive 2008/115/EC (the “Directive”). The Directive requires Member States to respect the principle of non-refoulement, as well as ensure that there is a right to an effective remedy.

Under Belgian Law, the Commissioner-General for Refugees and Stateless Persons (the “Commissioner”) can dismiss an asylum application and issue an order to leave the territory (“Return Order”), before any judicial appeals or other asylum procedures have been exhausted.

The question in the current case was whether the relevant Belgian legislative provisions were contrary to the Directive. The proceedings were suspended pending a preliminary ruling by the CJEU (C-77/17 and C-78/17). 

The Iraqi Kurdish Applicant was placed in immigration detention, while waiting for the recipient statement of the Serbian authority on the basis of the readmission agreement. After the Serbian authority rejected the deportation towards Serbia, the OIN modified its decision regarding deportation towards the place of origin, to Iraq and prolonged the immigration detention of the Applicant.

The Court ruled that deportation towards Iraq cannot be carried out because of the prohibition of non-refoulement and terminated the immigration detention of the Applicant.

This case related to two third country nationals who were ordered to leave the Netherlands, without being granted a period for voluntary departure, on the basis that they constituted a risk to public policy.

The CJEU gave guidance on the meaning of Article 7(4) of the Returns Directive, stating that the concept of a ‘risk to public policy’ should be interpreted strictly with an individualised assessment of the personal conduct of the person. Suspicion or conviction for a criminal offence was a relevant consideration. However, it was unnecessary to conduct a new assessment solely relating to the period for voluntary departure where the person had already been found to constitute a risk to public policy. 

The CJEU ruling concerned the scope of protection available under EU law to third country nationals suffering from serious illness whose removal would amount to inhuman or degrading treatment. The CJEU surmisedthat the removal of a person suffering a serious illness to a country where appropriate treatment was not available could in exceptional circumstances be contrary to the EU Charter of Fundamental Rights, and in such circumstances their removal had to be suspended pursuant to Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals. The Directive 2008/115/EC required the provision of emergency health care and essential treatment of illness to be made available to such persons during the period in which the Member State is required to postpone their removal.

The right to be represented by a lawyer in the context of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 will only apply when an appeal to a return decision has been lodged and free legal assistance will be subject to national domestic legislation. 

The case concerns the removal of a Brazilian national residing in French Guiana (a French overseas département-région) and his inability to challenge the measure before its enforcement.

The expulsion of an asylum seeker after asylum proceedings lasting approximately eight years without any culpable delay by the Applicant, during which he established a family and also integrated well in other respects, infringes his right to a private and family life.