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Italy - Court of Appeal of Milan, Decision No. 1626/2018, RG. No. 344/2018, 22 October 2018
Country of applicant: Senegal

Foreign asylum seekers without employment have a right to be exempted from the payment of health care contributions under Art. 8(16) of Law No. 537/1993, irrespective of whether they are seeking a job for the first time or have worked in the past. The entitlement to this benefit depends solely on the condition of “non-employment” under Art. 19(1), (2) and (7) of Legislative Decree 150/2015 and to the declaration by the non-employed individual of their availability to work. Denying this benefit to jobless asylum seekers amounts to discrimination.

Date of decision: 15-10-2018
France – Council of State, 3 October 2018, N° 406222
Country of applicant: Congo (Republic of)

The French National Court on Asylum has made an error of law by refusing to grant at the very least subsidiary protection to the applicant following his new request to re-examine his situation, despite a condemnation from the European Court of Human Rights (ECtHR) for the violation of Article 3 of the European Convention on Human Rights (ECHR). 

Date of decision: 03-10-2018
Greece - Administrative Court of First Instance of Korinthos, Decision no. Π2265/18, 27 September 2018
Country of applicant: Iran

Withdrawal of detention due to the use of forged travel documents and subsequent obligation to appear before the competent authorities, given to the pending status of the application for asylum.

Date of decision: 27-09-2018
France – Council of State, 24 September 2018, N° 420708
Country of applicant: Eritrea

The Council of State decided on the date from which the 6-month time limit provided by Article 29§1 of the Dublin regulation 604/2013 begins running or when it starts running again in case of an interruption. At the expiry of this deadline, the responsibility of the examination of an asylum claim falls back to the Member State which requested another Member State that charge be taken or to take back, as it did not proceed to the applicant’s transfer.  The Council specified that this deadline starts running once the other Member State has accepted the request that charge be taken or to take back. In case of an appeal, the delay is interrupted and begins running again at the date of the final judgment deciding on this appeal. Following appeals do not interrupt this newly-established delay.

Date of decision: 24-09-2018
France - Administrative Tribunal of Nantes, 24 September 2018, M., n°1808677.
Country of applicant: Somalia
The Dublin Regulation does not prevent France from being competent to examine the applicant's asylum application, given the existence of orders from the German authorities imposing an obligation to return to Somalia, where risk of inhuman treatment cannot be excluded.
 
Any decision must be reasoned and translated into a language understandable to the applicant. 


 

Date of decision: 24-09-2018
Italy - Tribunal of Roma, 18 September 2018, R.G. no. 50192/2018
Country of applicant: Iraq

In the absence of EU rules concerning the procedural requirements with regard to the submission and examination of an application for international protection, Member States must determine those requirements provided that they do not render in practice impossible or excessively difficult the exercise of the right to seek asylum.

Date of decision: 18-09-2018
Italy - Tribunal of Palermo, 13 September 2018, R.G. no. 9994/2018
Country of applicant: Mali

Neither the omission nor the delay of the Immigration Office can deprive an asylum applicant of the right to obtain the rehearing of their legal status in case of a change in the circumstances in their country of origin. 

Date of decision: 13-09-2018
Germany: Higher Administrative Court for Berlin and Brandenburg, 4th September 2018, OVG 3 S 47.18, OVG 3 M 52.18
Country of applicant: Iraq

A birth certificate is not a decision within the meaning of paragraph 108 FamFG. As a child grows older the need of beeing looked after by both its parents decreases. There is no necessity for interim order in the case of family reunification, when the child is about to come of age, as the right to subsequent immigration is not lost upon the child’s coming of age according to the CJEU.

Date of decision: 04-09-2018
Germany – Federal Administrative Court, 20 August 2018, 1 B 18.18
Country of applicant: Syria

Pursuant to Section 60 paragraph 5 of the Residence Act, refugees recognised abroad cannot be deported to the state in which they are recognised if the living conditions expected there contradict Article 3 of the ECHR. This presupposes that the situation in the country of destination reaches the minimum severity required for Article 3 ECHR, but an "extreme danger" within the meaning of the case-law regarding Section 60 paragraph 7 sentence 5 Residence Act is not a prerequisite.

A Syrian citizen who has been recognised as a refugee in Bulgaria cannot be deported to Bulgaria because of the degrading living conditions awaiting him there.

Date of decision: 20-08-2018
Netherlands – Court of The Hague, 16 August 2018, AWB 17/15601
Country of applicant: Syria

The official date of an Islamic marriage contracted in Syria needs to be determined with reference to Syrian law. An official notice by the Dutch Foreign Affairs Ministry’s states that “in the opinion of the Syrian authorities, the date set by the Sharia Court will be the official date of marriage.”

If according to the marriage certificate issued by the Sharia Court the marriage predates a sponsor’s entry into the Netherlands, it is sufficiently established that a valid marriage existed before this entry, also when registration before the Sharia Court took place after the entry.

Date of decision: 16-08-2018