EUAA Case Law Database

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*** Recent EUAA publications on asylum jurisprudence:

EUAA Quarterly Overview of Asylum Case Law, Issue 3/2025 for asylum judgments from June to August 2025. To receive the Quarterly by email, please subscribe here.
Jurisprudence on LGBTIQ Applicants in International Protection (September 2025).
Analysis of jurisprudence on the implementation of the Dublin procedure (June 2025)
Jurisprudence related to asylum pronounced by the Court of Justice of the EU in 2024 (April 2025)
Jurisprudence related to Gender-Based Violence against Women. Analysis of asylum case law from 2020-2024 (Feb 2025)
Jurisprudence on Material Reception Conditions in Asylum - Sanctions, Reductions and Withdrawals (Nov 2024)
Jurisprudence on the Application of the Temporary Protection Directive (Oct 2024)

The EUAA Information and Analysis Sector can provide, upon request, online sessions on how to use the EUAA Case Law Database. We also provide presentations on the latest jurisprudence interpreting the Common European Asylum System. For more information, contact us at caselawdb@euaa.europa.eu

*** Please fill in this <a href="https&#58;//ec.europa.eu/eusurvey/runner/EUAA-Case-Law-Database-Satisfaction-Survey">survey</a> to evaluate the EUAA Case Law Database and suggest improvements. We welcome your feedback!

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*** Recent EUAA&#160;publications on asylum jurisprudence&#58;&#160;

<ul>
	<li>
	<a href="/Newsletters/2025_EUAA_Quarterly_Overview_Asylum_Case_Law_Issue3_EN.pdf">EUAA Quarterly Overview of Asylum Case Law, Issue 3/2025</a> for asylum judgments from June to August 2025.&#160;To receive the Quarterly&#160;by email, please&#160;<a href="/pages/subscribe.aspx" target="_blank">subscribe here</a>.
	</li>
	<li>
	<a href="/Documents/2025_factsheet39_case_law_LGBTIQ_applicants_EN.pdf">Jurisprudence on LGBTIQ Applicants in International Protection</a> (September 2025).
	</li>
	<li>
	<a href="/Documents/Factsheet%2033_jurisprudence_Dublin_procedure_EN.pdf">Analysis of jurisprudence on the implementation of the Dublin procedure</a>&#160;(June 2025)
	</li>
	<li>
	<a href="/Documents/Factsheet32_CJEU_jurisprudence_EN.pdf">Jurisprudence related to asylum pronounced by the Court of Justice of the EU in 2024</a> (April 2025)
	</li>
	<li><a href="/Documents/2025_jurisprudence_gender_based_violence_EN.pdf">Jurisprudence related to Gender-Based Violence against Women. Analysis of asylum case law from 2020-2024</a>&#160;(Feb 2025)</li>
	<li><a href="/Documents/2024_jurisprudence_material_reception_conditions_EN.pdf">Jurisprudence on Material Reception Conditions in Asylum - Sanctions, Reductions and Withdrawals</a>&#160;(Nov 2024)</li>
	<li><a href="/Documents/2024_jurisprudence_Temporary_Protection_Directive_EN.pdf" target="_blank">Jurisprudence on the Application of the Temporary&#160;Protection Directive</a>&#160;(Oct 2024)</li>
</ul>

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The EUAA Information and Analysis Sector&#160;can provide, upon request, online sessions on&#160;how to use&#160;the EUAA Case Law Database. We also provide presentations on the latest jurisprudence interpreting the Common European Asylum System.&#160;For more information, contact us at&#160;caselawdb@euaa.europa.eu

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Latest updates View all

04/09/2025

EU: The CJEU ruled that a judicial authority called upon to review the lawfulness of the detention of an illegally staying third-country national, with a view to removal pursuant to a final return decision, is required to examine, if necessary of its own motion, whether the principle of non-refoulement precludes that removal, and whether the best interests of the child and family life, referred to in Article 5(a) and (b) respectively of that directive, preclude such removal.

GB, an Algerian national, applied for international protection in the Netherlands on 11 September 2025. On 7 October 2024, the Minister for Asylum and Migration rejected his application because GB did not appear at the interview to examine the grounds for this application. On 26 March 2025, GB applied again for international protection in the Netherlands, which had the effect of suspending the enforcement of the return decision. After hearing GB on the grounds...

01/08/2025

EU: The CJEU addressed the legal consequences of refusing to grant a period for voluntary departure under the Return Directive, holding that such a refusal is not a mere enforcement measure but one that directly alters the legal position of the individual and must be open to challenge in legal proceedings; it also ruled that entry bans are supplementary to return decisions, meaning that national authorities may impose an entry ban even after a considerable lapse of time, provided it is based on a return decision that does not grant a period for voluntary departure; finally, it held that provisions relating to the voluntary departure period form an integral part of a return decision, and if found to be unlawful, the entire decision must be annulled.

W, a Moroccan national who was refused international protection in Belgium, and X, an Algerian national who was residing illegally in Belgium without trying to legalise his stay, were...

02/07/2025

UN: The UN CEDAW found that a decision by the Swiss authorities to transfer a lesbian Nigerian woman to Italy, after being trafficked there and resulting in suicidal ideation, would breach Articles 2(d) and 6 of the Convention; more generally, it held that victims of trafficking in persons, exploitation of prostitution and gender-based violence, who are in need of protection, should not be transferred under the Dublin III Regulation without an individualized, trauma-informed and gender-sensitive assessment of the real risk of retraumatization.

C.O.E., a female Nigerian applicant, who identifies as a lesbian. She claimed that, when her family found out about her sexual orientation, they threatened to bury her alive. Fearing for her life, she left for the south of Nigeria where she met a woman named A, who offered to find her domestic work in Italy and organized her trip. Before leaving for Italy, the applicant had to take an oath...

14/07/2025

AT: The Federal Administrative Court dismissed the appeal of a Syrian national of Kurdish ethnicity, ruling that refugee status could not be granted because the overthrow of the Assad regime and the abolition of compulsory military service removed the risk of draft-related or politically imputed persecution, and finding that granting subsidiary protection complied with the Supreme Administrative Court’s requirement to consider EUAA guidelines and UNHCR’s position on returns to Syria, thereby rejecting refugee protection while maintaining subsidiary protection.

A Syrian national, member of the Kurdish ethnic group, requested international protection in Austria on 3 October 2022, after entering irregularly via Greece and Hungary. He alleged a risk of persecution by the Syrian State, on...

14/07/2025

AT: The Federal Administrative Court granted refugee status to a Cameroonian national from the Anglophone South-West region, holding that he had credibly demonstrated past persecution by both separatists and state authorities on account of imputed political opinion, that acts such as abduction, arbitrary detention, torture, and the rape of his fiancée amounted to inhuman or degrading treatment under the ECHR and constituted persecution under the recast Qualification Directive, and that an arrest warrant and absence of an internal flight alternative substantiated a well-founded fear of future persecution.

A Cameroonian national, member of the Bakossi ethnic group and of Christian faith, requested international protection in Austria on 26 October 2023, claiming that he had been subject to...

15/07/2025

AT: The Federal Administrative Court dismissed the appeal lodged by a Syrian national, ruling that refugee status could not be granted because the overthrow of the Assad regime and the suspension of compulsory military service meant that there was no credible or individualised risk of persecution for draft evasion or imputed political opinion; the court rejected refugee status but upheld the granting of subsidiary protection due to the poor security situation prevailing in Syria and the associated risks.

A Syrian national requested international protection in Austria on 9 January 2024, claiming that he had evaded military service, which the Assad regime had interpreted as oppositional political behaviour. He argued that he did not want to perform military service because he could not...