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CJEU - Case C‑713/17, Ayubi, 21 November 2018
Country of applicant: Unknown
Keywords: Subsidiary Protection, Temporary protection, Refugee Status, Discrimination, Integration measures

Persons entitled to refugee protection should be accorded the same treatment regarding assistance as provided to nationals of the Member State. Article 29 Directive 2011/95 and Article 23 Geneva Convention do not make this treatment dependant on the length of the applicant’s stay in the Member State. 

A refugee may rely on the incompatibility of legislation, such as that at issue in the main proceedings, with Article 29(1) of Directive 2011/95 before the national courts in order to remove the restriction on his rights provided for by that legislation.

Date of decision: 21-11-2018
Relevant International and European Legislation: Art 23,Article 2,Article 24,Article 29
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
Poland - Judgement of the Voivodeship Administrative Court in Warsaw from 7 October 2016 I SA/Wa 1197/16 quashing the decision of the President of Warsaw who refused granting child care benefit “500+” to a person with refugee status
Keywords: Discrimination, Access to the labour market, Material reception conditions

The purpose of the child care benefit “500 ” envisaged in the Law of 11 February 2016 is to provide assistance to parents and guardians in raising children by covering some expenses related to their needs. Excluding refugees from persons entitled to this benefit because their residence card does not contain a note “access to labour market” would lead to unfair differentiation of the legal situation of the foreigners (dividing them into those who were issued a residence card with the note “access to labour market“ and those issued a residence card without this note) and of the children (because of their origin and nationality). 

Date of decision: 07-10-2016
Relevant International and European Legislation: 1951 Refugee Convention,European Union Law,International Law,Art 23,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 26,Article 29,UN Convention on the Rights of the Child
CJEU - Joined Cases C‑443/14 and C‑444/14, Kreis Warendorf v Ibrahim Alo and Amira Osso v Region Hannover
Country of applicant: Syria
Keywords: Freedom of movement (right to), Subsidiary Protection, Refugee Status, Integration measures

Article 33 of the Qualification Directive, read in conjunction with the Geneva Convention, requires Member States to allow persons to whom they have granted subsidiary protection status not only to move freely within their territory but also to choose their place of residence within that territory.  However, the Directive does not prevent beneficiaries of subsidiary protection status from being subject to a residence condition for the purpose of promoting their integration where said group of persons are not in a comparable situation as non-EU citizens. 

Date of decision: 01-03-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 32,Art 26,European Union Law,International Law,Art 23,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Recital (3),Recital (4),Recital (6),Recital (8),Recital (9),Recital (16),Recital (23),Recital (24),Recital (33),Recital (39),Article 20,Article 29,Article 32,Article 33
ECtHR - Saidoun and Fawsie v. Greece, Application Nos. 40083/07 and 40080/07
Country of applicant: Lebanon, Syria
Keywords: Refugee Status

Refusal to grant social security to political refugees was in breach of the Convention.

Date of decision: 28-01-2011
Relevant International and European Legislation: Art 23,Article 8,Article 14,Article 41
Italy - Court of Milan, 5 December 2007, RG 8802/2006
Country of applicant: Congo (DRC)
Keywords: Integration measures

Foreign citizens with refugee status have the same rights as Italian citizens as regards social assistance and related rights such as, for example, payment of attendance allowance under L.18/80.

Date of decision: 05-12-2007
Relevant International and European Legislation: Art 24,Art 23