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CJEU - Case C‑163/17 Jawo, 19 March 2019
Country of applicant: Gambia

The CJEU ruled that an asylum applicant may not be transferred under the Dublin III Regulation to the Member State responsible for processing their application if the living conditions would expose them to a situation of extreme material poverty amounting to inhuman or degrading treatment within the meaning of Article 4 CFR. In this regard, the Court held that the threshold was only met where such deficiencies attained a particularly high level of severity beyond a high degree of insecurity or significant degradation of living conditions. Correspondingly, national courts had the obligation to examine, based on information that is objective, reliable, specific and properly updated and having regard to the standard of protection of fundamental rights guaranteed by EU law, whether there was a real risk for the applicant to find himself in such situation of extreme material poverty.

An act of absconding withing the meaning of Dublin III may be presumed when the applicant has left the accommodation allocated to them without informing the competent authorities, provided that they have been informed of this obligation, unless the applicant provides valid reasons for not informing the authorities. 

Date of decision: 19-03-2019
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,EN - Charter of Fundamental Rights of the European Union,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),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
CJEU - Joined Cases C‑297/17, C‑318/17, C‑319/17 and C‑438/17 Ibrahim, 19 March 2019
Country of applicant: Syria

The CJEU ruled that an asylum seeker may not be transferred to the Member State that has previously granted him international protection if such living conditions would expose the applicant to a situation of extreme material poverty. The threshold was only met where such deficiencies attained a particularly high level of severity, going beyond a high degree of insecurity or significant degradation of living conditions.

The Court further clarified that this threshold also applied where there were infringements of the provisions of the Qualification Directive, including the level of the subsistence allowance granted to beneficiaries of subsidiary protection. 

Lastly, the CJEU added that the fact that the Member State that granted subsidiary protection systematically refuses, without real examination, to grant refugee status does not prevent the other Member States from rejecting a further application submitted to them by the person concerned as being inadmissible.

Date of decision: 19-03-2019
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,EN - Charter of Fundamental Rights of the European Union,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),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
Cyprus - Supreme Court, Application 1/2019, 24 January 2019
Country of applicant: Georgia

Delays in the asylum procedure which cannot be imputed to the asylum seeker, and failure to consider less coercive alternatives when detention exceeds reasonable time limits, render detention unlawful.

Date of decision: 24-01-2019
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,Art 5.1,Art 5.1 (f),EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 8,Article 9
Germany – Administrative Court Regensburg, Order of 9 January 2019 – RN 6 S 18.50495
Country of applicant: Sierra Leone

The extension of the transfer period in accordance with Art. 29 para. 2 sentence 2 Dublin Regulation (EU) No. 604/2013 (Dublin III Regulation) requires that the asylum applicant absconds, which has to be proven by the transferring authority.

Absconding is only the case, if the asylum applicant cannot be reached by the competent authorities for an (undefined) longer period of time. The intention to evade the authorities does not have to be proven. The circumstances of the individual case are decisive.

Date of decision: 09-01-2019
Relevant International and European Legislation: Article 13,Article 2,Article 13,Article 17,Article 25,Article 29,Article 5
Italy - Ordinary Tribunal of Rome, Decision No R. G. 72238/2018, 21 November 2018
Country of applicant: Lebanon, Palestinian Territory

When a refugee and their child apply for international protection, the Police Headquarters shall not make residence or parental relationship the conditions for submitting their application.

Date of decision: 21-11-2018
Relevant International and European Legislation: Article 6,Article 6
Italy - Court of Appeal of Milan, Decision No. 1626/2018, RG. No. 344/2018, 22 October 2018
Country of applicant: Senegal

Foreign asylum seekers without employment have a right to be exempted from the payment of health care contributions under Art. 8(16) of Law No. 537/1993, irrespective of whether they are seeking a job for the first time or have worked in the past. The entitlement to this benefit depends solely on the condition of “non-employment” under Art. 19(1), (2) and (7) of Legislative Decree 150/2015 and to the declaration by the non-employed individual of their availability to work. Denying this benefit to jobless asylum seekers amounts to discrimination.

Date of decision: 15-10-2018
Relevant International and European Legislation: Article 17,Article 19
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
N.T.P. and others v. France (No. 68862/13), 24 August 2018
Country of applicant: Congo (DRC)

The Court examines the individuals’ circumstances and finds that the appointment with the French authorities to register and assess their asylum cases within a three-month period, coupled with the possibility for the applicants to stay in a foster home at night, access education, healthcare and meals provided by organisations during the day, cannot amount to treatment prohibited under the Convention.

Date of decision: 24-08-2018
Relevant International and European Legislation: Art 33,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013
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
Austria: Federal Administrative Court (BVwG), 25. June 2018, W209 2184750-
Country of applicant: Bangladesh

In direct application of Art. 15 (2) of the Reception Conditions Directive, according to which asylum applicants must be given effective access to the labour market, the requirements of the Act Governing the Employment of Foreign Nationals (AuslBG) must be modified. The non-existence of a unanimous approval by the Regional Council pursuant to Art. 4 (3) AuslBG does not preclude the granting of employment permits to asylum applicants.

Date of decision: 25-06-2018
Relevant International and European Legislation: EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 29,EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation),EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 15,Article 28,Article 267 § 1 (b)