Case summaries
France - Council of State, 23 December 2016, Association La Cimade et autres N°394819
In this application, the associations ask the Council of State to annul, for abuse of power, the decree n°2015-1329 of 21 October 2015 on the allowance granted to asylum seekers.
This decree is here annulled by the Council of State because its article 2 doesn’t provide for a sufficient additional amount for adult asylum seekers to allow them to seek private housing when they weren’t provided with an accommodation but had accepted material reception conditions.
Date of decision:
23-12-2016
Relevant International and European Legislation:
1951 Refugee Convention,European Union Law,International Law,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 17,UN Convention on the Rights of the Child
Belgium - Brussels Labour Tribunal, 7 December 2015, 2015/3098
Country of applicant:
Afghanistan
Keywords:
Inhuman or degrading treatment or punishment, Legal assistance / Legal representation / Legal aid, Unaccompanied minor, Reception conditions, Accommodation centre, Material reception conditions, Vulnerable person
The failure of Fedasil to accommodate an asylum seeking child led to a risk of violating his Article 3 rights. There was a prima facie case that he had lodged an application for asylum and was, thus, entitled to material reception conditions.
Date of decision:
07-12-2015
Relevant International and European Legislation:
EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 6,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 17