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France - Administrative tribunal of Toulouse, 9 November 2018, N° 1805185
Country of applicant: Nigeria

As a result of a transfer order to Italian authorities joined with house arrest, the applicant lodged an appeal. She argued she would be at risk of being exposed to inhuman and degrading treatments, as well as to systemic lapses of the Italian asylum system. In this case, the administrative tribunal granted annulment of those orders issued by the prefect of la Haute-Garonne in the light of the current Italian asylum conditions and the reasons motivating the applicant to reach France after having stayed in Italy. 

Date of decision: 09-11-2018
Relevant International and European Legislation: 1951 Refugee Convention,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 4,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),Article 3,Article 4,Article 5,Article 17,Article 20,Article 26,Article 27,Article 35,Treaty on the Functioning of the European Union 2010/C 83/01
CJEU – Case C-56/17 (Fathi), 4 October 2018
Country of applicant: Iran

A Member State is not required to issue a decision on its own responsibility under Dublin III when, in its capacity as the determining Member State, it found that there is no sufficient evidence to establish responsibility of another Member State. Domestic courts do not have to examine the application of the Dublin criteria ex proprio motu in the context of a review of the rejection of an application for international protection.

Religion is a broad concept that encompasses both internal elements of faith and an external component of manifestation. The applicant does not have to provide documentation and make statements on both elements but has to cooperate with the authorities and substantiate the reasons that his claim of persecution on the grounds of religion is true. The provision of the death penalty in national legislation could constitute an “act of persecution” on its own, provided that the penalty is actually enforced and regardless of whether the measure is considered important for reasons of public order in that country of origin.

Date of decision: 04-10-2018
Relevant International and European Legislation: Art 1A (2),Recital (12),Recital (53),Recital (54),Article 2,Article 31,Article 32,Article 46,Article 15,Article 3,Article 9,Article 10
France – Council of State, 3 October 2018, N° 406222
Country of applicant: Congo (Republic of)

The French National Court on Asylum has made an error of law by refusing to grant at the very least subsidiary protection to the applicant following his new request to re-examine his situation, despite a condemnation from the European Court of Human Rights (ECtHR) for the violation of Article 3 of the European Convention on Human Rights (ECHR). 

Date of decision: 03-10-2018
Relevant International and European Legislation: 1951 Refugee Convention,Article 1,Article 3,Article 41,Article 46
Greece - Administrative Court of First Instance of Korinthos, Decision no. Π2265/18, 27 September 2018
Country of applicant: Iran

Withdrawal of detention due to the use of forged travel documents and subsequent obligation to appear before the competent authorities, given to the pending status of the application for asylum.

Date of decision: 27-09-2018
Relevant International and European Legislation: Art 31,Art 31.1,Article 5,Art 5.1,Art 5.1 (f),Article 8,Article 9
CJEU – Case C 175/17 X, 26 September 2018
Country of applicant: Iraq

The CJEU ruled on  the scope of the right to an effective remedy provided for in Article 39 of the Asylum Procedures Directive and in Article 13 of the Returns Directive.

Date of decision: 26-09-2018
Relevant International and European Legislation: Art 3,Art 39,Recital 5,Art 33,Recital 8,Article 18,Article 19,Art 19.2,Article 47,Recital (2),Recital (4),Recital (24),Article 2,Article 3,Article 12,Article 13,Article 3,Article 13
CJEU – Case C 180/17, X and Y, 26 September 2018
Country of applicant: Russia

The CJEU ruled on  the scope of the right to an effective remedy provided for in Article 46 of the (Recast) Asylum Procedures Directive and in Article 13 of the Returns Directive.

Date of decision: 26-09-2018
Relevant International and European Legislation: Art 33,Article 18,Article 19,Art 19.2,Article 47,Recital (12),Recital (60),Article 3,Article 46,Recital (2),Recital (4),Recital (24),Article 2,Article 3,Article 12,Article 13,Article 3,Article 13
France - Administrative Tribunal of Nantes, 24 September 2018, M., n°1808677.
Country of applicant: Somalia
The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.
 
Any decision must be reasoned and translated into a language understandable to the applicant. 


 

Date of decision: 24-09-2018
Relevant International and European Legislation: 1951 Refugee Convention,Article 4,Article 3,Article 4,Article 5,Article 17,Article 18,Article 20,Article 26,Article 27,Article 34,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011
Germany: Higher Administrative Court for Berlin and Brandenburg, 4th September 2018, OVG 3 S 47.18, OVG 3 M 52.18
Country of applicant: Iraq

A birth certificate is not a decision within the meaning of paragraph 108 FamFG. As a child grows older the need of beeing looked after by both its parents decreases. There is no necessity for interim order in the case of family reunification, when the child is about to come of age, as the right to subsequent immigration is not lost upon the child’s coming of age according to the CJEU.

Date of decision: 04-09-2018
Relevant International and European Legislation: Article 10,Article 8
Germany – Federal Administrative Court, 20 August 2018, 1 B 18.18
Country of applicant: Syria

Pursuant to Section 60 paragraph 5 of the Residence Act, refugees recognised abroad cannot be deported to the state in which they are recognised if the living conditions expected there contradict Article 3 of the ECHR. This presupposes that the situation in the country of destination reaches the minimum severity required for Article 3 ECHR, but an "extreme danger" within the meaning of the case-law regarding Section 60 paragraph 7 sentence 5 Residence Act is not a prerequisite.

A Syrian citizen who has been recognised as a refugee in Bulgaria cannot be deported to Bulgaria because of the degrading living conditions awaiting him there.

Date of decision: 20-08-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Article 4,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
Netherlands – Court of The Hague, 16 August 2018, AWB 17/15601
Country of applicant: Syria

The official date of an Islamic marriage contracted in Syria needs to be determined with reference to Syrian law. An official notice by the Dutch Foreign Affairs Ministry’s states that “in the opinion of the Syrian authorities, the date set by the Sharia Court will be the official date of marriage.”

If according to the marriage certificate issued by the Sharia Court the marriage predates a sponsor’s entry into the Netherlands, it is sufficiently established that a valid marriage existed before this entry, also when registration before the Sharia Court took place after the entry.

Date of decision: 16-08-2018
Relevant International and European Legislation: Article 7,Article 4,Article 10,Article 11,Article 8