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United Kingdom - The Queen on the application of O. Humnyntskyi, A & WP (Poland) v SSHD & of SJ [2020] EWHC 1912 (Admin)
Country of applicant: Poland, South Africa, Ukraine

In three conjoined judicial reviews concerning the legality of the Home Secretary’s exercise of her power under paragraph 9 of Schedule 10 of the Immigration Act 2016 to provide accommodation to those who are granted immigration bail, it was held that each of the three claimants had been unlawfully denied such accommodation, and that the relevant policy was systemically unfair.

Date of decision: 21-07-2020
Portugal - A v. Immigration and Borders Service, No. 61/20.6BELSB, 2 July 2020

The Court concluded that Italy had already accepted the take back request and therefore Portugal should proceed with the applicant’s transfer in accordance with the Dublin Regulation III. Since Italy had already rejected the applicant’s first request for international protection there, it should be the one responsible for returning the applicant back to their home country.

As the applicant is not a vulnerable person, the transfer order to Italy does not violate the non-refoulement principle.

Date of decision: 02-07-2020
Austria – Constitutional Court – 26 June 2020, E 810/2020 ua
Country of applicant: Afghanistan

Courts must establish the current situation of the region from which the complainant originates and relate it to the individual situation of the complainant in the grounds of the decision.

In the case of an Afghan family, the lower instance court did not sufficiently consider the security situation in the complainants’ country of origin, in particular with regard to the situation for minors. Thereby the court violated the right to equal treatment among foreigners.

Date of decision: 26-06-2020
Council of State, 24th June 2020, X and Y v. General Commissioner for refugees and stateless persons, No 247.889
Country of applicant: Turkey

By not considering the argument on the applicants’ political conviction in Belgium and by avoiding answering the argument requesting a report on the Turkish authorities’ influence in Belgium, the Council for Alien Law Litigation failed to give a complete legal reasoning. 

Date of decision: 24-06-2020
Austria – Administrative Court - 24 June 2020, Ra 2020/20/0195
Country of applicant: Afghanistan

A court may dismiss the appeal without further proceedings in a non-public session, if the appeal does not depend on the solution of a legal question that is of fundamental significance.

In the case of an Afghan, the appeal does not depend on the solution of a fundamental question, if the lower instance has sufficiently examined the situation in the appellant’s country of origin. This is the case, if the court sufficiently considered possible internal flight alternatives by air.

 

Date of decision: 24-06-2020
Cyprus – Administrative Court of International Protection, A.B. v. the Republic of Cyprus, Reg. no. 1118/18, 5 June 2020
Country of applicant: Palestinian Territory

An applicant that has received protection on behalf of UNRWA is not required to prove a fear of persecution to be recognised as a refugee; the asylum authorities have to examine whether the applicant was actually receiving UNRWA protection and whether that protection has ceased.

An individual examination of the case will reveal whether the cessation of UNRWA protection resulted from objective reasons that the agency could not rectify.

Date of decision: 05-06-2020
Netherlands, Council of State, 27 May 2020, no. 201906353/1/V3. ECLI:NL:RVS:2020:1281

The Dutch Council of State does not consider ‘the best interest of the child’-criteriοn automatically fulfilled, in the context of a Dublin transfer, when an unaccompanied minor can be transferred to an adult family member in another MS. In turn, it considers that the authorities have to substantially and individually investigate whether the best interest of the child is respected when transferring. 

Date of decision: 27-05-2020
Portugal - I. v. Immigration and Borders Service, No. 2364/18.0BELSB, 14 May 2020
Country of applicant: Sierra Leone

Since there is a high risk of exposure to inhuman and degrading treatment under Article 3 ECHR and Article 4 CFREU, Portugal should not allow the applicant’s transfer to Italy. The Court also found that there had been a violation of his right to a prior hearing, and that there is no obligation under EU Law of asylum seekers’ transfer once the DRIII is applied.

Date of decision: 14-05-2020
Belgium – Council for Alien Law Litigation, 29 April 2020, n° 235 658
Country of applicant: Afghanistan

In the case of an Afghan Shia Hazara applicant, the Belgian Council for Alien Litigation considered that the request for international protection was based on several sources of fear, which must be analysed in combination with each other, forming a cluster of concordant evidence.

The Council granted the applicant refugee status. 

Date of decision: 29-04-2020
Germany - Constitutional Court of the Free State of Saxony, 24 April 2020, Vf. 11-IV-20 (HS); 12-IV-20 (e.A.)

The application of provisions on preclusion must always be decided without discretionary error. If the lower court does not make any discretionary considerations at all for its decision to apply a provision on preclusion when rejecting evidence due to a missed time-limit, it infringes the petitioner’s right to be heard under Article 78(2) of the Saxon Constitution (SächsVerf).

Date of decision: 24-04-2020