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Belgium - Brussels Labour Tribunal, 7 December 2015, 2015/3098
Country of applicant: Afghanistan

The failure of Fedasil to accommodate an asylum seeking child led to a risk of violating his Article 3 rights. There was a prima facie case that he had lodged an application for asylum and was, thus, entitled to material reception conditions. 

Date of decision: 07-12-2015
Netherlands - Court of The Hague, 3 December 2015, AWB 15/1712
Country of applicant: Syria

This case is concerned with whether the decision to deny the asylum application and the subsequently imposed entry ban were justified based on articles 1F(a)-(c). Under these provisions the Secretary of State can raise national security as a ‘serious ground’ for his decision if an element of ‘personal participation’ can be proven.

Date of decision: 03-12-2015
Cyprus – Supreme Court, 25th November 2015, Matondo Adam, v. The Republic of Cyprus, 555/2015
Country of applicant: Congo (DRC)

The Supreme Court quashed the detention and deportation warrants issued against a citizen from the Congo, following a number of prosedural failures by the Cypriot Government to comply with the Cap. 105 of the Alien and Migration Law and Directive 2008/115/EC, denying him the opportunity for voluntary departure.

Date of decision: 25-11-2015
Netherlands – Court of The Hague, 24 November 2015, AWB 15/19968
Country of applicant: Armenia

No obligation rests upon the asylum seeker to voluntarily and of their own accord go to the Member State that will examine the asylum application under the Dublin Regulation as this obligation rests primarily on the Member States. Neither the failure to leave, nor the lack of adequate resources, can form the basis for a custodial measure.

Date of decision: 24-11-2015
Germany - Administrative Court of Aachen, 17 November 2015, Az. 8 K 658/15.A

The question remains open and needs to be clarified in legal proceedings, whether there are systemic flaws in the Bulgarian asylum procedure and conditions of admission, such as pose a risk of infringement of Article 4 Charter of Fundamental Rights of the European Union (CFR) (cf. Article 3(2) Regulation No. 604/2013(Dublin III)) – in particular in the case of a return under the Dublin system.

Date of decision: 17-11-2015
Germany – Federal Administrative Court, 16 November 2015, 1 C 4.15
Country of applicant: Iraq

The provisions on responsibility for unaccompanied minors in Article 6 of the Dublin II Regulation are protective of the individual, as they not only govern relationships between Member States but (also) serve to protect fundamental rights.

Where there has been an unlawful rejection of an asylum application as inadmissible on grounds that another Member State is responsible under Section 27a of the German Asylum Act, this cannot be reinterpreted as a (negative) decision on a subsequent application under Section 71a of the Asylum Act, because of the different adverse legal consequences attached.

Date of decision: 16-11-2015
Hungary - Szeged District Court, 13 November 2015, 17.Ir.261/2015/5
Country of applicant: Iraq

The Iraqi Kurdish Applicant was placed in immigration detention, while waiting for the recipient statement of the Serbian authority on the basis of the readmission agreement. After the Serbian authority rejected the deportation towards Serbia, the OIN modified its decision regarding deportation towards the place of origin, to Iraq and prolonged the immigration detention of the Applicant.

The Court ruled that deportation towards Iraq cannot be carried out because of the prohibition of non-refoulement and terminated the immigration detention of the Applicant.

Date of decision: 13-11-2015
Germany - Hannover Administrative Court, 5 November 2015, no. 10 A 5157/15
Country of applicant: Mali

The transfer of an applicant for asylum to Malta violates the Regulation (EU) no 604/2013 of the European Parliament and of the Council of 26 June 2013 (“Dublin III Regulation”) because Malta’s asylum procedures and system show systemic deficiencies with the inherent risk of subjecting an applicant for asylum to inhuman or degrading treatment.  

Date of decision: 05-11-2015
France - Administrative Tribunal of Lille, 2 November 2015, Association MEDECINS DU MONDE et al., No. 1508747

The Applicants asked the Administrative Tribunal of Lille (the “Tribunal”) to order the relevant authorities to take urgent interim relief measures to guarantee the fundamental freedoms of the population of the Calais camp.

The Administrative Judge  acceded to several of the applicants’ demands (identification of vulnerable minors, hygiene, cleanliness, emergency vehicle access) and held that the situation in the Calais camp constituted a grave and blatantly illegal breach of the right of the persons residing there not to be subjected to degrading and inhuman treatment.

Date of decision: 02-11-2015