Case summaries
Germany - Federal Administrative Court, Case No. BVerwG 1 C 4.21, 25/11/2021
Country of applicant:
Syria
The Federal Administrative Court found that Art. 3 of the Qualification Directive does not hinder Member States to allow parents and siblings, fulfilling the requirements for family members under Art. 2(j) of the Directive, to change their status of subsidiary protection into a refugee status which they derive from their minor sponsor.
Date of decision:
25-11-2021
Relevant International and European Legislation:
Art 1A,Article 7,Art 24.1,Art 24.2,Art 24.3,Art 3.1,Art 3.2,Recital (14),Recital (16),Recital (18),Article 2,Article 3,Article 9,Article 12,Article 15,Article 23,Article 24,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288,Treaty on the Functioning of the European Union 2010/C 83/01 - Art 10,Article 267 § 2,Article 267 § 1 (b),Article 78
Austria, Consitutional Court, 24 September 2021, E 3047/2021-11
Country of applicant:
Afghanistan
Keywords:
Country of origin information, Internal protection, Relevant Facts, Safe country of origin, Serious harm, Subsidiary Protection, Terrorism, Real risk, Internal armed conflict
With regard to the granting of subsidiary protection, the existence of real risks to the rights under Art. 2, 3 ECHR must be examined, which includes the obligation to consider ongoing developments on the basis of available information. If a deterioration of the security situation is disregarded, this could be seen as arbitrariness.
Date of decision:
24-09-2021
Relevant International and European Legislation:
ECHR (Sixth Protocol),ECHR (Thirteenth Protocol),Art 2.1,Art 2.2,Art 3.1,Art 3.2