Case summaries

Based on new evidence (suspicion of trafficking) the Administrative Court returned the applicant’s case to the Immigration Service which had previously decided that Italy was responsible for the application according to the Dublin II Regulation.

The applicant’s claim for refugee status was rejected as Convention grounds were not established, however, subsidiary protection was granted in the alternative by the court on the basis of grave human rights violations and the prohibition of torture (Art 3 of the European Convention on Human Rights (ECHR)).

The court accepted the argument that by granting a lower protection status (tolerated status), even if the applicant qualifies for subsidiary protection, the asylum authority violates Art 15 (b) and (c) of the Qualification Directive (Art 61 (b) and (c) of the Asylum Act)

The region of El Fasher, in Darfur (Sudan), is plagued by a generalised armed conflict.

Before granting subsidiary protection under Article L.712-1 c) Ceseda [which corresponds to Article 15 (c) of the Qualification Directive] to an applicant originating from the Congo, the Court had to inquire whether the situation of general insecurity which prevails in this country results from a situation of internal or international armed conflict.

Subsidiary protection can only be granted if all the criteria for qualifying as a refugee are not fulfilled.

The Court considered how to assess whether an applicant’s activities for insurgent groups in Afghanistan could constitute terrorism. It further considered whether attacks upon United Nations Security Council mandated forces, such as ISAF in Afghanistan, were acts contrary to the purposes and principles of the United Nations, justifying exclusion from the 1951 Refugee Convention under Article 1F(c).

A transfer to Greece within the framework of the Dublin Regulation was stopped due to the conditions for asylum seekers in the country.

The transposition of the Asylum Procedures Directive (APD) in French legislation is incomplete on certain aspects (provision of information to applicants for asylum; access to the report of the personal interview under the border procedure) and complete on other aspects. 

The Immigration Service refused an application for asylum deeming the application unfounded as the applicant had mainly based her claim for asylum on economic grounds. The applicant was taken into the System of Victim Assistance during the appeal stage on suspicion the applicant was a victim of trafficking. The Administrative Court held that in line with the Immigration Service’s decision, the application was deemed manifestly unfounded, but due to a suspicion the applicant was a victim of trafficking, returned the case to the Immigration Service for re-examination.

When medico-legal evidence of torture is provided by specialists and found credible it is incumbent on the Migration Board to put forward evidence that there is no further risk of torture in the relevant country.