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ECtHR - M.A. and Others v. Lithuania (no. 59793/17), 11 December 2018
Country of applicant: Russia

The ECtHR ruled that failure to allow a Russian family with five children to submit asylum applications on the Lithuanian border and their removal to Belarus amounted to a violation of Article 3 ECHR. 

Date of decision: 11-12-2018
Relevant International and European Legislation: 1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Recital 6,Art 1,Art 33,Art 31,European Union Law,International Law,Recital 8,EN - Charter of Fundamental Rights of the European Union,Article 18,Article 19,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 2,Article 15,Article 21
CJEU - C-652/16, Nigyar Rauf Kaza Ahmedbekova, Rauf Emin Ogla Ahmedbekov v Zamestnik-predsedatel na Darzhavna agentsia za bezhantsite
Country of applicant: Azerbaijan

CJEU rules on the correct processing of applications for international protection lodged separately by family members and the interrelationship between them.

Date of decision: 04-10-2018
Relevant International and European Legislation: European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 7,Article 18,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 2,Article 7,Article 33,Article 40,Article 46,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Recital (14),Article 2,Article 3,Article 4,Article 10,Article 12,Article 13,Article 15,Article 18,Article 23,Article 31
CJEU - C-585/16 Alheto, 25 July 2018
Country of applicant: Palestinian Territory

Where a person is registered with UNRWA and then later applies for international protection in a European Union Member State such persons are in principle excluded from refugee status in the European Union unless it becomes evident, on the basis of an individualised assessment of all relevant evidence, that their personal safety is at serious risk and it is impossible for UNRWA to guarantee that the living conditions are compatible with its mission and that due to these circumstances the individual has been forced to leave the UNRWA area of operations. 

 

Date of decision: 25-07-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,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 1,Article 5,Article 10,Article 13,Article 33,Article 35,Article 38,Article 46,Article 51,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 2,Article 4,Article 5,Article 7,Article 9,Article 12,Article 15,Article 17,Article 21,Article 40
CJEU – C-353/16, MP v Secretary of State for the Home Department
Country of applicant: Sri Lanka

The fact that a person cannot be repatriated under Article 3 of the ECHR does not imply that that person should be granted a leave to reside in the host country by way of subsidiary protection under Directive 2004/83. The person concerned is eligible for subsidiary protection only if there is a real risk of him being intentionally deprived, in his country of origin, of appropriate health care.

Date of decision: 24-04-2018
Relevant International and European Legislation: Art 2 (e),Art 2,Art 18,Art 15,Art 4,Art 6,Art 4.4,Recital 6,Recital 25,Article 5,Article 3,Recital (12),Recital (34),Article 2,Article 4,Article 6,Article 15,Article 16,Article 18,Art. 3
Austria: Supreme Administrative Court, 1 March 2018, Ra 2017/19/0425

In the assessment of a real risk of inhuman treatment or a serious threat to life or physical integrity in a situation of indiscriminate violence within an armed conflict, not only the general security and supply situation has to be considered, but also the “specific distinguishing features” of the applicant, which expose him/her to a higher risk than the average population.

In the present case, the Federal Administrative Court (Bundesverwaltungsgericht, BVwG) did not assess the individual circumstances of the applicant, disregarding the binding force of a previous ruling of the Supreme Administrative Court (Verwaltungsgerichtshof, VwGH).

 

Date of decision: 01-03-2018
Relevant International and European Legislation: Article 10,Article 2,Article 3,Article 15
Austria: Supreme Administrative Court (VwGH), 23. January 2018, Ra 2018/18/0001
Country of applicant: Afghanistan

For the assumption of reasonable internal flight alternatives, a case-by-case assessment must be made on the basis of sufficient findings about the expected situation of the asylum applicant in the country of origin. On the basis of general information on the situation in the country of origin, a young, healthy man with school education and professional experience and who is familiar with the local conditions, can in principle be expected to resettle in Kabul.

Date of decision: 23-01-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 7,Article 8,Article 15
Greece - Council of State, Decision no. 2347/2017, 22 September 2017
Country of applicant: Syria
Date of decision: 22-09-2017
Relevant International and European Legislation: Article 4,Article 18,Article 19,Article 46,Article 47,Article 52,Article 53,Article 14,Article 15,Article 17,Article 33,Article 35,Article 38,Article 4,Article 6,Article 7,Article 15,Article 21
Belgium - Council for Alien Law Litigation, 17 August 2017, n°190 672
Country of applicant: Albania

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. 

Date of decision: 17-08-2017
Relevant International and European Legislation: Article 2,Article 10,Article 11,Article 1,Article 2,Article 4,Article 7,Article 9,Article 10,Article 11,Article 13,Article 15
Spain – Administrative Chamber of the Supreme Court, 6 October 2016, Appeal No 808/2016
Country of applicant: Syria

The Administrative Chamber of the Spanish Supreme Court decides on the inadmissibility of the appeal an applicant for international protection submitted of a judgement that denied him the right of asylum and subsidiary protection.

The Supreme Court concludes there is no legal reasoning to admit the appeal, because what the National Court concluded was well-founded.

Date of decision: 06-10-2016
Relevant International and European Legislation: Article 3,Article 15,Article 17,Article 18,Article 21
Greece - Administrative Court of Appeal of Piraeus, 56/2016
Country of applicant: Syria

The Court of Appeal rejected a request rebutting the presumption of Turkey as a safe third country for a Syrian national of Armenian origin who resided there for one year and held a work permit, on the ground that general references to human rights violations and deficiencies in Turkey’s asylum system did not suffice to establish a real and individualised risk of persecution or indirect refoulement to Syria.

Date of decision: 30-09-2016
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 33,Art 38,Art 33,European Union Law,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 9,Article 15,UN Convention against Torture