Case summaries

An asylum applicant who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must still be regarded as a “minor” for the purposes of that provision.

The exhaustion of domestic remedies is a prerequisite for the admissibility of applications lodged with the ECtHR under Article 35 ECHR. Removal of individuals suffering from severe medical problems may not be considered inhumane in the meaning of Article 3 ECHR, when suitable treatment exists in the country of origin.  

An asylum applicant who was a victim of previous persecution in their country of origin can be granted refugee status under article 1, C 5) of the Geneva Convention. This is because, due to the severity of the treatment applied, the applicant’s fear is exacerbated to such an extent that, even if the persecution has ceased to exist, a return to the country of origin would be unthinkable. 

An application for asylum filed prior to 20 July 2015 cannot be considered inadmissible because subsidiary protection has already been granted by another Member State (if the protection applied for is more favourable than the existing protection). The assessment of the admissibility of an application for asylum filed prior to 20 July 2015 is subject to the laws, regulations and administrative provisions adopted pursuant to the now superseded Asylum Procedures Directive (Directive 2005/85/EU) which provided for inadmissibility of an application for asylum if refugee status had already been granted by another Member State. 

This case examines the refusal to grant international protection status to a physically disabled, single Egyptian woman. The OIN failed to provide clear, detailed reasoning why the Applicant did not meet the legal conditions to acquire subsidiary protection status in Hungary.

The Metropolitan Court of Public Administration and Labour granted subsidiary protection status to the Applicant and concluded that based on cumulative grounds the Applicant would be subject to torture, cruel, inhuman or degrading treatment or punishment if she returned to Egypt.

In the case of the Nigerian asylum-seeker, the Court found the objection of the OIN unfounded, repealed its decision and ordered the OIN to conduct a new procedure.

The Court emphasised that the contradictions which were encountered by the OIN were irrelevant regarding the applicant’s flight testimony, therefore the applicant can be considered credible.

A foreigner who wishes to be placed under the special protection of refugee status must show the Administration, with reasonable clarity and in an objectively reasoned way, that there are specific facts which cause him to have a fear of persecution for reasons of race, religion, nationality, social group or political opinion. If such substantive claims have not been submitted, but only general, vague or manifestly unfounded claims; or if specific facts have indeed been cited but these do not establish grounds for refugee status, then there is no obligation to give specific reasons for rejecting the application for asylum. The “Handbook on Procedures and Criteria for Determining Refugee Status” issued by the UN High Commissioner for Refugees is non-binding in nature but contains “best practice” for the relevant authorities when examining asylum applications and, in that way, sets out “soft law”. Granting a residence permit on humanitarian grounds falls within the broad discretionary powers of the relevant authority; but it can, exceptionally, be obligatory if the foreigner would – should he be repatriated to the country of origin – be at risk of torture or other inhuman or degrading treatment or punishment.

Rejection of an extradition request by Azerbaijan in a case where the wanted person had been recognised as a refugee by Germany. Azerbaijan's request for extradition because of acts contrary to common criminal law was a premise aimed at stifling the wanted person's political opposition to the extraditing country's government. Azerbaijan was requesting extradition for political reasons.