Case summaries
An application for asylum filed prior to 20 July 2015 cannot be considered inadmissible because subsidiary protection has already been granted by another Member State (if the protection applied for is more favourable than the existing protection). The assessment of the admissibility of an application for asylum filed prior to 20 July 2015 is subject to the laws, regulations and administrative provisions adopted pursuant to the now superseded Asylum Procedures Directive (Directive 2005/85/EU) which provided for inadmissibility of an application for asylum if refugee status had already been granted by another Member State.
The Court of Appeal concluded that the question of whether the time limitation for transfer of an applicant according to Article 29.1 Dublin III Regulation had expired is not relevant to determine the responsible Member State, and shall therefore not form part of the court’s examination of an appeal of a transfer decision under the Dublin III Regulation.
The Slovenian legislature has not fulfilled its obligations under the provisions of Article 2(n) of the Dublin Regulation. The possibility of an analogous application of Article 68 of the Aliens Act-2 has a very weak basis in terms of the objective criteria required. It can only be sufficient in a particular case if in light of the specific circumstances of the case there is no doubt about the existence of the risk of absconding.
In assessing asylum applications, national authorities are entitled to consider material contained in the files of third parties. In reviewing such cases, national courts will be under a duty to consider the same material. This does not conflict with the applicant’s right to confidentiality.
The applicant appeals the decision to deny asylum and subsidiary protection, made on 26th August 2014 by the Ministry of Interior, on the grounds of fear of racial discrimination in his country of origin. The appeal is denied after an assessment of the facts and circumstances.
The applicant appeals against the ruling passed by the Directorate General of Domestic Policy on 14th February 2014, issued at the request of the Ministry, denying his application for international protection and against the ruling passed on 19th February 2014, denying his request for a review of his application, both denied in compliance with the Law. The applicant has requested residence in Spain on humanitarian grounds given that he has a son who is a minor and is of Spanish nationality. He invokes his right to remain at his son’s side to care for him.
In cases of reasonable suspicion that a person applying for asylum was a victim of human trafficking, the Swiss State Secretary for Migration is obliged to clarify the facts thoroughly on its own initiative.
The applicant requested international protection in Spain on 3rd November 2014, having been assaulted in his country of origin because of his sexual orientation. His partner died as a result of the assault. On the 26th October 2015, the Trial Chamber denied his request, stating that the allegations put forward by the applicant were “improbable or insufficient.”
On 18th July 2016, the applicant appealed this decision on two different grounds of appeal. First, on the grounds of an error when applying the relevant procedures for granting and withdrawing international protection, mistaking the phase of admission for the phase of concession. And second, on the grounds that the Chamber’s interpretation of the evidence provided was restrictive.
The Chamber granted the appeal against the decision made on 26th October 2015 and this decision was ruled null and void.
The transfer of “extra vulnerable” asylum seekers from the Netherlands to Italy is contrary to article 3 ECHR.
This case examines whether, for a subsequent application, internal review followed by Judicial Review is an effective remedy, as provided by Article 39 of the Council Directive 2005/85/EC (“the Asylum Procedures Directive”).