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Switzerland – Supreme Administrative Court, 10. July 2018, E-5022/2017
Country of applicant: Eritrea

The judgment deals with the admissibility of the execution of an expulsion order of an Eritrean who illegally left the country. Despite the assumption that the entry into the national service in the country of origin constitutes forced labour within the meaning of Art. 4 para. 2 ECHR, enforcement is permissible since there was no flagrant violation of Art. 4 para. 2 ECHR.

Date of decision: 10-07-2018
Relevant International and European Legislation: Art 1A,Art 33,Article 3,Art. 3
UK - The Secretary of State for the Home Department v MA (Somalia), Court of Appeal (Civil Division), 2 May 2018
Country of applicant: Somalia

UK Court of Appeal rules on the correct test to use when making a decision on cessation of refugee status.

Date of decision: 02-05-2018
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 7,Art 9,Art 4,Art 11,Art 1A,European Union Law,International Law,Art 1C
Sweden - Migration Court of Appeal, 29 of January 2018, UM8384-16
Country of applicant: Algeria

The Appellant applied for asylum in Sweden on the basis of being a refugee as per his registration at the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). Alternatively the appellant argued that his need for protection should be judged against his previous residency in in Syria. The main issue faced by the court was whether the appellant’s normal place of residence should be considered as Syria or Algeria, and thus against which of these two countries the appellant’s need for protection should be judged.

The Court deemed Algeria to be the appellant’s normal place of residence based on his formal and non-formal ties to the country as well as his 18 months stay in the Algeria prior to coming to Sweden. Based on this the court did not deem the appellant to have the required need for protection and denied his appeal.

Date of decision: 29-01-2018
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A,Art 1D,European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 21
UK – F v M and A (a child) and Secretary of State for the Home Department Joint Counsel for the Welfare of Immigrants (Interested Party), Case No: FD15P00103, 26/04/2017
Country of applicant: Pakistan

Following the careful examination of International, European and domestic law, the Court concluded that the grant of refugee status supersedes any order made by a Family Court (regarding the return of the child to Pakistan), because it is the Secretary of State for the Home Department  that is the entrusted public authority to deal with asylum matters.  However, were the Family Court to discover new facts, the relevant public authority would be responsible, in principle, under the tenets of UK Administrative Law to review their decision. 

Date of decision: 26-04-2017
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,Art 2,Art 18,Art 24,Art 12,Art 17,Art 15,Art 4,Art 4,Art 8,Art 13,Art 14,Art 10,Art 12,Art 14,Art 1,Art 1A,Art 32,Art 21,Art 33,Art 13,Art 37,Art 38,Art 7,Recital 12,Art 22,Art 41,Article 3,Article 8
Belgium – Council for Alien Law Litigation, 10 February 2017, n 182.109
Country of applicant: Congo (DRC)

After having committed several offences qualified as being of a ‘particular gravity’, Mr.O’s refugee status was revoked on April 21st 2006.

Upon appeal to the Council of Alien Law Litigation (‘CALL’), the question of the validity of article 55/3/1 of December 15th 1980 law (the ‘1980 Law’) arose. Although it is established that this provision is transposing article 14(4) of the Directive 2011/95/EU, its compatibility with the Geneva Convention must be verified.

The Council refuses then to pronounce itself on the question, arguing the competency of such matter is vested in the Court of Justice of the European Union.

Date of decision: 10-02-2017
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 2,Art 12,Art 17,Recital 4,Recital 21,Art 14,Art 1,Art 1A,Art 32,Art 1F,Art 33,Recital 16,Recital 12,European Union Law,International Law,EN - Charter of Fundamental Rights of the European Union,Article 18,Recital 14,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78
Spain – Administrative Chamber of the Supreme Court, 2 November 2016, Appeal No 1824/2016
Country of applicant: Ivory Coast

The Spanish Supreme Court’s Administrative Chamber decides on the appeal of the applicant, whose application for international protection has been rejected. The Court solves the case reasoning that the situation in the country of origin has  improved from the moment the applicant lodged the application, and in addition, no sufficient proof of the said persecution was presented.

Date of decision: 02-11-2016
Relevant International and European Legislation: Art 8,Art 1A,Art 38
UK - Upper Tribunal (Immigration and Asylum Chamber), 5 January 2016, OO v The Secretary Of State For The Home Department
Country of applicant: Algeria

The presence of laws criminalising homosexuality does not amount to persecution within the meaning of article 9, Directive 2011/95/EU when there is no real risk for gay men to be prosecuted on the basis of these laws. A gay man in Algeria may reasonably be expected to relocate within the country in order to avoid persecution from his family members, and to conceal his sexual identity so as to conform to societal pressures falling short of acts of persecution.

Date of decision: 05-01-2016
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A (2),Art 1A,European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 9
Austria - Federal Administrative Court, 17 December 2014, W101 2009216-1

A Palestinian who leaves Syria due to the unstable security situation as a result of the Syrian conflict must be regarded as having been forced to leave UNRWA’s area of operations and may thus qualify as a refugee without being required to show fear of persecution.

Date of decision: 17-12-2014
Relevant International and European Legislation: Art 1A,Art 1D,Article 12,Article 38
Poland - Regional Administrative Court in Warsaw,16 October 2014, no. IV SA/Wa 1039/13
Country of applicant: Russia

The possibility of submitting evidence for assessment is a basic procedural guarantee. Thus, if the party’s argumentation is based on defined circumstances, essential for his/her case, the responsible authority should hear witnesses and get acquainted with the evidence gathered within asylum proceedings handled by relevant authorities in another EU Member State.  

Date of decision: 16-10-2014
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A,European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 7,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 4
France - National Court of Asylum, 7 October 2014, M. B., No13003572
Country of applicant: Central African Republic

A case may be re-examined in substance by the CNDA, if the facts referred to by the Applicant took place after the last decision of the CNDA or if it is proven that the Applicant could not have been aware of them prior to the previous court decision.

A person who has been a member of an armed unit which has committed systematic violence, and who has not attempted to prevent it or be dissociated from the other members is personally guilty and therefore cannot be granted the refugee status.

Date of decision: 07-10-2014
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A,Art 1F,European Union Law,International Law,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 12