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UK - R on the Application of CK (Afghanistan) & Others and The Secretary of State for the Home Department, [2016] EWCA Civ 166, 22 March 2016
Country of applicant: Afghanistan

The absence of an individual right of the applicant to challenge the determination of the State responsible to examine their asylum claim on Dublin II grounds does not prohibit the autonomous application of ECHR Article 8 to decisions to remove persons from one Member State to another. However, taking into account the significance of the Regulation and the need to preserve its effectiveness, an especially compelling case would have to be demonstrated to deny removal following a Dublin II decision. When the Secretary of State has certified such human rights claims as clearly unfounded, it must be shown that the same decision could have been reached on reasonable grounds by an immigration judge.

Date of decision: 22-03-2016
Sweden - Migration Court of Appeal, 18 March 2016, UM 425-16
Country of applicant: Unknown

The Court of Appeal concluded that the referral of an appeal under the Dublin III Regulation to an administrative agency breaches an applicant’s right to efficient remedy. 

Date of decision: 18-03-2016
Spain: Supreme Court. Chamber of Contentious-Administrative Proceedings n. 1182/2016, 16th March 2016, Appeal No. 2563/2015
Country of applicant: Syria

The decision of denying asylum is disproportionate, as the fact that the acts of persecution are indiscriminate and affect a large majority of the population do not exclude the application of the 1951 Convention when the necessary elements of the provision are present. The reports of UNHCR were also noted in the Court’s assessment, particularly regarding the risk groups that the organisation has characterised.

Date of decision: 16-03-2016
Spain: Supreme Court. Chamber of Contentious-Administrative Proceedings n. 1064/2016, 10th March 2016, Appeal No. 1601/2015

The fact that the rejection of the applicant’s application for international protection was not communicated to her in a full decision, but only in the form of a mere administrative act, raised an issue of lack of defence and founded the applicant’s request for access to the original document of the decision.

Date of decision: 10-03-2016
Switzerland - Federal Administrative Court, 10 March 2016, D-5785/2015
Country of applicant: Eritrea

The appeal procedure dealt with the question of whether the complainant is to be classified as a minor according to Article 2 lit. g of the Dublin III Regulation, with the consequence that Article 8 para. 1 of the Dublin III Regulation is applicable and the complainant can therefore remain with her sister in Switzerland. In particular the term “legally present” and the procedure of taking evidence were discussed in depth.

Date of decision: 10-03-2016
Portugal - Central Administrative Court South, Case No 12826/15
Country of applicant: Iraq

The concept of family life under Article 8 ECHR and under the Portuguese Constitution requires the existence of an effective connection between the individuals, which also presupposes the existence of a financial interdependency.

Date of decision: 10-03-2016
Hungary - Metropolitan Court of Public Administration and Labour, 10 March 2016, 5.K.30.385/2016
Country of applicant: Somalia

In case of conflict between a domestic and international norm the Court is obliged to adhere to the latter and set aside the former. Given the well-established right to an effective remedy in international and European instruments, an element of which relates to the remedy’s timeliness, the court is obliged to remake the OIN’s subsidiary protection decision and provide the applicant with refugee status. This conclusion applies notwithstanding that domestic legislation prohibits the Court from reforming an OIN decision. To abide by this legislation would result in a never-ending appeal procedure thereby rendering the remedy ineffective.

Date of decision: 10-03-2016
Slovenia - The Supreme Court of Republic of Slovenia, I Up 49/2016, 9 March 2016
Country of applicant: Kosovo

An applicant from Kosovo claimed persecution due to his homosexuality. His application was rejected. The Administrative Court dismissed the action, but the Supreme court annulled the judgement and returned the case to the new procedure. An act of persecution does not depend on the applicant reporting persecution (in this case rape) to the police of their country of origin. 

Date of decision: 09-03-2016
Belgium – X v. Federal Agency for the Reception of Asylum SeekeBelgium – X v. Federal Agency for the Reception of Asylum Seekers (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258 rs (FEDASIL), Brussels Labour Tribunal, 8 March 2016, N° 5258
Country of applicant: Iraq

The principle of material continuity applies to the transition from one form of aid to another. A family who has been granted international protection should be accomodated in reception centers for refugees until they benefit from financial assistance and a stable private housing, even if it means extending the deadline to fins accommodation that had been given to them following their recognition as refugees.

 

Date of decision: 08-03-2016
Belgium - Council of State, 8 March 2016, Nr. 234.074
Country of applicant: Togo

The Council of State requested a preliminary ruling from the Court of Justice of the European Union (CJEU) on the compatibility of Belgian Law with Article 5 of Directive 2008/115/EC (the “Directive”). The Directive requires Member States to respect the principle of non-refoulement, as well as ensure that there is a right to an effective remedy.

Under Belgian Law, the Commissioner-General for Refugees and Stateless Persons (the “Commissioner”) can dismiss an asylum application and issue an order to leave the territory (“Return Order”), before any judicial appeals or other asylum procedures have been exhausted.

The question in the current case was whether the relevant Belgian legislative provisions were contrary to the Directive. The proceedings were suspended pending a preliminary ruling by the CJEU (C-77/17 and C-78/17). 

Date of decision: 08-03-2016