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France - Administrative Tribunal of Nantes, 23 March 2020, n° 2001918
Country of applicant: Afghanistan

Given the emergency of the situation, family reunification could only be refused in circumstances where the relevant individual does not comply with principles of public order.

As a result, the Court concluded that there were serious doubts as to the legality of the decisions refusing family reunification.

Date of decision: 23-03-2020
Germany – Administrative Court Osnabrück, Order of 20 March 2020, 5 B 88/20
Country of applicant: Nigeria

The Dublin transfers, which have been suspended indefinitely due to the so-called Corona pandemic, constitute a domestic-related obstacle to execution in the sense of an objective impossibility which leads to a temporary suspension of deportation (Duldung) in accordance with § 60a para. 2 sentence 1 AufenthG.

The suspension constitutes a subsequent change in circumstances leading to the order of suspensive effect pursuant to § 80 para. 7 VwGO.

 

Date of decision: 20-03-2020
Switzerland: Federal administrative court, 13 March 2020, D-1003/2020

An application for a revision of a final court decision of the Swiss Federal Court is only admissible if the applicant presents new relevant facts or evidence which he was not able to provide in previous proceedings even if he had acted with due diligence.

If the new evidence relates to another person’s hearing files (in the case at hand a relative’s hearing protocol before the Swiss asylum authority) the fact that the files could not be retrieved during the proceedings cannot be attributed to the applicant if he lacked the required consent from the person concerned to access the files. By rule of principle, it is the asylum authority’s duty to consult relevant documents for the assessment of an application which is notably the case for statements made by family relatives if the factual circumstances on which the respective applications are based are closely related.

 

Date of decision: 20-03-2020
France - Administrative Court of Appeal of Montpellier, 19 March 2020, N° 2020-213

The Court concluded on the immediate release of an Egyptian national from detention. The judgment referred to the detention conditions for vulnerable persons that suffer from serious health conditions during the Covid-19 pandemic.

Date of decision: 19-03-2020
France - Judiciary Tribunal of Perpignan, 18th March 2020, No RG20/00356
Country of applicant: Tunisia

Due to the COVID-19 health crisis, and especially the cancellation of flights to the applicant’s country of origin, the continuation of immigration detention is no longer required because an effective return cannot be considered anymore as a reasonable perspective.  

Date of decision: 18-03-2020
France – Lille Judicial Tribunal, 17 March 2020, n° 20/00633
Country of applicant: Colombia

In the midst of the health crisis, the judge of liberty and detention of the Lille Judicial Tribunal considered that the health risk for the Applicant as well as for a third party, generated by the extension of the administrative detention was disproportionate to the perspectives of return. Especially since most countries had closed their borders.

As a result, the judge held that there was no reason to extend the duration of the Applicant’s detention.

Date of decision: 17-03-2020
Higher Administrative Court North Rhine-Westphalia (OVG NRW), 13.03.2020, 14 A 2778/17.A
Country of applicant: Syria

The parents and minor siblings of a Syrian national, who was recognised as a refugee, cannot claim refugee status in terms of international protection for family members, if the beneficiary, although a minor when he was registered as an asylum applicant, was no longer a minor at the time of the court hearing.

Date of decision: 13-03-2020
Belgium - Council of State, 27 February 2020, N° 247156
Country of applicant: Unknown

In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.

Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such persecution or harm.

Date of decision: 27-02-2020
France – Nice Judicial Tribunal, 25 January 2020, n° 20/00150
Country of applicant: Tunisia
Keywords: Detention, Return

The Judge of the liberty and detention of the Nice Judicial Tribunal declared irregular the procedure during which the applicant was notified of his administrative detention more than an hour after the end of his police interrogation.

The Judge considered that the deprivation of liberty during that time had no legal foundation.

Date of decision: 25-01-2020