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Spain - National Court. Chamber of Contentious-Administrative Proceedings n. 478/2022, 24 February 2022, Appeal n. 769/2020
Country of applicant: Ukraine

Account must be taken of the evolution of the circumstances in the country of origin, from the moment of the application for international protection, until the moment when the Court has to take a decision.

In this instance, relying on the change of circumstances that has taken place in Ukraine since the Applicants introduced the demand, the Court grants subsidiary protection status to a Ukrainian family. The current international conflict taking place in Ukraine exposes them to a risk of  serious harm.

Date of decision: 24-02-2022
Relevant International and European Legislation: Article 2,Article 10,Article 36,Article 46,Recital (15),Article 2,Article 3,Article 4,Article 8
CJEU – C-255/19 Secretary of State for the Home Department v OA, 20 January 2021
Country of applicant: Somalia

In the context of cessation of refugee status under Article 11 (1)(e), the change in circumstances must remedy the reasons which led to the recognition of refugee status; a country of origin’s ability or inability to demonstrate that it can provide protection from acts of persecution constitutes ‘a crucial element’ in this assessment.

Mere social and financial support to the third country national is inherently incapable of either preventing acts of persecution or of detecting, prosecuting and punishing such acts and, therefore, cannot be regarded as providing the protection required by Article 11(1)(e). In order to determine whether the third-country national still has a well-founded fear of persecution, the existence of protection against acts of persecution should be considered when examining the change in circumstances.

Date of decision: 20-01-2021
Relevant International and European Legislation: Art 7.2,Art 7,Art 9,Art 11,Art 7.1,Art 1C (5),Art 2 (c),Art 11.1 (e),Article 2,Article 7,Article 9,Article 11
CJEU – C-507/19, Bundesrepublik Deutschland v. XT, 13 January 2021
Country of applicant: Syria

When analysing if protection from UNRWA has ceased (Article 12(1)(a) Directive 2011/95), account must be taken of the possibility for the individual to concretely access effective protection in any of the other fields within UNRWA area of operations.

Assistance from the Agency must be considered as maintained when an individual has left UNRWA area of operations from a field where he couldn’t obtain effective protection, if the person had previously voluntarily left a field where he could access UNRWA’s assistance, even though he could reasonably foresee, according to the information available for him at the moment of departure, that he wouldn’t be able to receive effective protection from the Agency in the field he was travelling to, or return to the field of origin in the short term.

Date of decision: 13-01-2021
Relevant International and European Legislation: Art 1D,Recital (18),Article 2,Article 46,Recital (1),Recital (4),Recital (16),Recital (23),Recital (24),Article 2,Article 11,Article 12,Article 14,Article 78
Netherlands – Court of The Hague, 19 October 2020, NL20.15181, NL20.15183, NL20.15188 and NL20.15194
Country of applicant: Syria

The reception conditions for beneficiaries of international protection in Bulgaria are such that they may face severe material deprivation due to “indifference” on the part of the authorities (cfr. CJEU, Ibrahim), potentially amounting to a violation of Article 3 ECHR / Article 4 CFREU.

When the State Secretary decides that a request for international protection is not admissible, because the applicants have refugee status in Bulgaria, it is not sufficient for him to refer to the principle of mutual trust between EU Member States and to the Council of State’s jurisprudence, but he is obliged to examine the applicant’ s individual circumstances and to obtain specific information and guarantees from the Bulgarian authorities.

Date of decision: 19-10-2020
Relevant International and European Legislation: Article 4,Article 33,Article 3,Article 2,Article 12,Article 26,Article 27,Article 29,Article 30,Article 32,Article 34
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 - 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
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
Belgium - X v. Commissioner-General for Refugees and Stateless Persons, 26 November 2019, N° 229 288
Country of applicant: Ivory Coast

The fact that an asylum applicant has already been persecuted in the past or has already suffered serious harm is a serious indication of the well-founded fear of the claimant, or of the real risk of suffering serious harm, unless there is good reason to believe that this persecution or serious harm will not happen again.

When an applicant has suffered female genital mutilation in her country of origin, there is a rebuttable presumption that she will again be the victim of such persecution because of her membership in the social group of Ivorian women.

Date of decision: 26-11-2019
Relevant International and European Legislation: Article 2,Article 4,Article 9,Article 10,Article 13
C-556/17 - Torubarov, 29 July 2019
Country of applicant: Russia

In order to guarantee that an applicant for international protection has an effective judicial remedy within the meaning of Article 47 of the Charter, a national court or tribunal is required to vary a decision of the first-instance determining body that does not comply with its previous judgment. The court or tribunal must substitute its own decision on the application for international protection by disapplying, if necessary, the national law that prohibits it from proceeding in that way.  

Date of decision: 29-07-2019
Relevant International and European Legislation: Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (18),Recital (50),Recital (60),Article 2,Article 46,Article 51,Article 52,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 1,Article 2,Article 13,Article 14,Article 15,Article 18,Article 19
CJEU – Joined Cases C-391/16, C-77/17 and C-78/17, M (Révocation du statut de réfugié)
Country of applicant: Congo (DRC), Ivory Coast, Russia, Russia (Chechnya)
The provisions of Article 14(4) to (6) of Directive 2011/95 cannot be interpreted as meaning that the effect of the revocation or the refusal of the refugee status is that the person concerned, who satisfies the material conditions set forth in Article 1A of the Geneva Convention, is excluded from international protection. Member States, when implementing Article 14(4) and (5) of the directive, are required to grant refugees who are present in their respective territories only the rights expressly referred to in Article 14(6) of that directive and the rights set out in the Geneva Convention that are guaranteed for any refugee who is present in the territory of a Contracting State and do not require a lawful stay.

Article 21(2) of the directive precludes Member States from issuing a measure of refoulement or expulsion against the persons covered by one of the scenarios described in Article 14(4) and (5) of Directive 2011/95 if this would expose the concerned persons to the risk of their fundamental rights as enshrined in Article 4 and Article 19(2) of the Charter of fundamental rights of the EU.

Date of decision: 14-05-2019
Relevant International and European Legislation: Article 18,Article 2,Article 11,Article 12,Article 13,Article 14,Article 21,Article 24,Article 28,Article 34,Article 6,Article 78