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Belgium – Council of State, 23 June 2016, Nr. 235.11
Country of applicant: Albania

The Royal Decree of 11th May 2015 was quashed to the extent that it included Albania in the list of "safe" countries for the purposes of article 57/6/1, paragraph 4, of the law of 15th December 1980.

Date of decision: 23-06-2016
Poland - Judgement of the Court of Appeal in Warsaw from 22 June 2016 II Aka 59/16 amending the judgement of the court of I instance by increasing the amount of compensation for unlawful detention
Country of applicant: Pakistan

The Court of Appeal in Warsaw and the court of the first instance agreed that the detention of the applicant and her two children was unlawful from the moment the respective court decided on prolonging their detention as irregular migrants, although they have already applied for international protection.

Both courts agreed also that the amount of compensation for unlawful detention is dependent on the degree in which the state contributed to the trauma of the applicants and their inconvenience. In the present case, taking into account the available psychologists’ and psychiatrist’s opinions, the Courts decided that the poor health condition of the applicants was to a great extent caused by traumatic events experienced before coming to Poland – which eventually resulted in granting them refugee status.

However, the Court of Appeal decided to significantly increase the amount of compensation granted to the applicants, especially children, who were particularly vulnerable in this situation. 

Date of decision: 22-06-2016
UK- The Queen on the application of AA v Secretary of State for the Home Department (interested party: Wolverhampton City Council), 11 May 2016
Country of applicant: Sudan

AA claims he was unlawfully detained from 17 February 2015 to 27 February 2015 because he was detained as an unaccompanied child in a way contrary to paragraph 18B Schedule 2 of the Immigration Act 1971.

The decision turned on whether the word “child” in the Immigration Act 1971 was to be interpreted objectively (i.e. is the individual, in physical fact, under 18) or whether the detention’s legality involved the reasonable belief of the immigration officer that the individual is under 18.

Date of decision: 20-06-2016
Slovenia - Constitutional Court of the Republic of Slovenia, 16 June 2016, Judgment U-I-68/16, Up-213/15
Country of applicant: Kosovo, Serbia

Regarding the protection of the right to family life in asylum procedures, same-sex partnerships are in a comparable situation with heterosexual relationships. A distinction between the applicants for international protection based on sexual orientation is not in compliance with the Constitution. Article 16b(1) of IPA, which does not consider persons of a same-sex living in established partnership as family members, is inconsistent with the right to non-discriminatory treatment in the exercise of the right to family life.

Date of decision: 16-06-2016
Slovenia - Administrative Court of the Republic of Slovenia, I U 835/2016, 14 June 2016

The applicant’s asylum application was rejected in Croatia and he received an order to leave the country in 30 days. The Slovenian Asylum authority detained the applicant due to the risk of absconding, because he left Croatia before receiving a decision in his asylum procedure. The Court ruled that the applicant’s departure from Croatia was incorrectly assessed as arbitrary absconding (the applicant actually respected the order to leave the country) and therefore the applicant does not present a risk of absconding. The Court also held that the measure was not necessary, that the Asylum authority incorrectly referred to its discretionary powers in this matter and that the objective criteria to determine when someone presents the risk of absconding (from Article 68 of Aliens Act-2) have not been applied.

Date of decision: 14-06-2016
Hungary - Metropolitan Court of Public Administration and Labour, 20.K.31492/2016/9, 14 June 2016
Country of applicant: China

The applicant arrived in Hungary as a child and her affiliation with Falun Gong was not properly adjudicated by the asylum authority (OIN) but her asylum application made as an adult was considered a subsequent one. Relying on Article 5 (3) of the Recast Qualification Directive, the OIN considered that the applicant and her mother were malevolent when joining Falun gong solely to evoke their sur place status. The court ruled that the OIN failed to individually assess the applicant’s claim and quashed the decision. 

Date of decision: 14-06-2016
Austria - Constitutional Court, V 152-153/2015-19, Decision dated 13 June 2016
Country of applicant: Unknown

The Constitutional Court rules that the doubts of the Federal Administrative Court about the legality of Section 9a(4) and Section 21(9) FPG-DVO as amended by BGBl. II 143/2015, which defines the term “risk of absconding” in the context of detention pending deportation pursuant to Section 76 FPG, are unfounded. The Court finds that Section 9a(4) FPG-DVO was adopted on a sufficient legal basis. 

Date of decision: 13-06-2016
Netherlands – Court of The Hague, 13 June 2016, AWB 16/10406
Country of applicant: Syria

The application for international protection by a Syrian national was declared inadmissible based on the finding that Egypt was a Safe Third Country for the applicant. The Court of the Hague concludes that the State Secretary has failed to substantiate his claim that Egypt could be considered a Safe Third Country. 

Date of decision: 13-06-2016
France - Council of State, 8 June 2016, N°386558
Country of applicant: Sri Lanka

The lower court had erred in law by judging that the administration need not justify having informed the applicant about the possibility to communicate with a  representative of the United Nations High Commissioner for Refugees (UNHCR).

Date of decision: 08-06-2016