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Germany: Administrative Court Madgeburg (VG), 24. March 2020, 2 B 92/20 MD
Country of applicant: Turkey
Keywords: Dublin Transfer

Germany is responsible for the asylum determination of an oppositional Turkish applicant under Art. 3 para. 2 subparas 2 and 3 Dublin III Regulation, because in this individual case the Bulgarian asylum procedure has systemic flaws that would entail a risk of inhuman or degrading treatment. A serious examination of the asylum application cannot be expected by the Bulgarian authorities and the authorities will likely return the applicant to Turkey. In such a case, there are reasonable grounds for believing that there would be a violation of Article 3 of the European Convention on Human Rights due to the complainant’s own or family member’s opposition activities.

Date of decision: 24-03-2020
Relevant International and European Legislation: Article 4,Article 3,Article 3
France - Administrative Tribunal of Nantes, 23 March 2020, n° 2001918
Country of applicant: Afghanistan

Given the emergency of the situation, family reunification could only be refused in circumstances where the relevant individual does not comply with principles of public order.

As a result, the Court concluded that there were serious doubts as to the legality of the decisions refusing family reunification.

Date of decision: 23-03-2020
Relevant International and European Legislation: Article 4,Article 6,Article 8,Article 37,UN Convention on the Rights of the Child
Switzerland: Federal administrative court, 13 March 2020, D-1003/2020

An application for a revision of a final court decision of the Swiss Federal Court is only admissible if the applicant presents new relevant facts or evidence which he was not able to provide in previous proceedings even if he had acted with due diligence.

If the new evidence relates to another person’s hearing files (in the case at hand a relative’s hearing protocol before the Swiss asylum authority) the fact that the files could not be retrieved during the proceedings cannot be attributed to the applicant if he lacked the required consent from the person concerned to access the files. By rule of principle, it is the asylum authority’s duty to consult relevant documents for the assessment of an application which is notably the case for statements made by family relatives if the factual circumstances on which the respective applications are based are closely related.

 

Date of decision: 20-03-2020
Relevant International and European Legislation: Article 47,Article 10,Article 12,Article 46,Article 3,Article 13
Higher Administrative Court North Rhine-Westphalia (OVG NRW), 13.03.2020, 14 A 2778/17.A
Country of applicant: Syria

The parents and minor siblings of a Syrian national, who was recognised as a refugee, cannot claim refugee status in terms of international protection for family members, if the beneficiary, although a minor when he was registered as an asylum applicant, was no longer a minor at the time of the court hearing.

Date of decision: 13-03-2020
Relevant International and European Legislation: Art 23,Art 24,Art 4,Art 25,Art 2 (j),Article 3
Belgium - Council of State, 27 February 2020, N° 247156
Country of applicant: Unknown

In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.

Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such persecution or harm.

Date of decision: 27-02-2020
Relevant International and European Legislation: Article 3,Article 1,Article 2,Article 4,Article 7,Article 9,Article 10,Article 11,Article 13,Article 15
ECtHR - A.S.N. and others v. the Netherlands, Application nos. 68377/17 and 530/18, 25 February 2020.
Country of applicant: Afghanistan

The European Court of Human Rights ruled that the removal of families belonging to the Sikh religious minority to Afghanistan would not constitute a violation of Article 3 ECHR, as the applicants’ situation failed to reach the severity threshold required by this Article. Despite the fact that the Sikh community suffers from intimidation and intolerance within the Afghan society, the Court did not find that this group is the target of a practice of a systematic practice of ill-treatment, despite any difficulties they may be facing in the country.

Date of decision: 25-02-2020
Relevant International and European Legislation: Article 3,Article 4,Article 9,Article 13,Article 15
ECtHR – M.A. and Others v. Bulgaria, Application no. 5115/18, 20 February 2020
Country of applicant: China

The fact that many Uighurs who have returned to China have been detained in “re-education camps”, or have otherwise faced the risk of imprisonment and ill-treatment, combined with the applicants’ individual circumstances, establishes substantial grounds to believe that the applicants would be at real risk of arbitrary detention, and inhuman treatment, or even death, if they were removed to their country of origin.

If implemented, the applicants’ removal to China would be in breach of Articles 2 and 3 of the ECHR.

Date of decision: 20-02-2020
Relevant International and European Legislation: Article 2,Article 3
ECtHR - N.D. and N.T. v. Spain [GC], nos. 8675/15 and 8697/15, 13 February 2020
Country of applicant: Ivory Coast, Mali

The Court found no violation of the Convention given that the applicants would have had access to a genuine and effective possibility of submitting arguments against their expulsion had  they entered lawfully into Spain – they did not have any “cogent reasons” for not using the border procedures available at designated entry points. As such, the lack of an individualised procedure for their removal was the consequence of their own conduct.

Date of decision: 13-02-2020
Relevant International and European Legislation: Art 1,Art 3,Art 32,Art 33,Art 31,Art 4,Art 16,Art 22,Article 4,Article 18,Article 19,Art 19.1,Art 19.2,Article 47,Article 6,Article 7,Article 8,Article 9,Article 10,Article 1,Article 2,Article 4,Article 5,Article 8,Article 12,Article 13,Art 33.2,Article 1,Article 3,Article 13,Article 13,Article 2,Article 4,Article 14,Article 21,Art 4,Art. 3,Article 67,Article 78
Switzerland - A., B., C. (Nigeria) v State Secretariat for Migration, 17 December 2019, No. E-962/2019
Country of applicant: Nigeria

In view of article 3 of the European Convention on Human Rights, Swiss authorities should obtain formal and detailed guarantees on care and accommodation from the Italian authorities before transferring families and vulnerable persons to Italy under the Dublin III Regulation.

This is because Decree-law 113/218 on Public safety and Immigration in Italy has deeply reformed the Italian refugee reception system.

Date of decision: 17-12-2019
Relevant International and European Legislation: EN - Charter of Fundamental Rights of the European Union,Article 3,Article 8,Article 3,Article 7,Article 8,Article 12,Article 17,Article 18,Article 19,Article 20,Article 21,Article 22,Article 25,Article 29
Baden-Württemberg – Higher Administrative Court, 29.11.2019, A 11 S 2374/19, A 11 S 2375/19
Country of applicant: Afghanistan

The ECJ has to decide on the assessment of the existence of a serious individual threat by reason of mere presence in a certain area. It has to decide whether there is a minimal threshold of civilian fatalities that excludes such risk or if a holistic approach taking into account all circumstances special to the case has to be followed to assess the existence of such threat.

Date of decision: 29-11-2019
Relevant International and European Legislation: Article 4,Article 52,Article 3,Article 2,Article 15