EUAA Case Law Database

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*** First jurisprudential analysis under the EUAA Case Law Grant is published, drafted by Comillas Pontifical University on Military Service and International Protection in Europe: Jurisprudence on applicants invoking compulsory military service, draft evasion and desertion as protection ground (Call EUBA-EUAA-2025-ASYLUMCASELAW). November 2025.

*** 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) also in FR, IT, ES.
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) also in FR, EL, IT, ES.
Jurisprudence related to Gender-Based Violence against Women. Analysis of asylum case law from 2020-2024 (Feb 2025)

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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*** First jurisprudential analysis under the EUAA Case Law Grant is published, drafted by Comillas Pontifical University on&#160;<a href="/Documents/2025_jurisprudence_compulsory_military_service_EN.pdf">Military Service and International Protection in Europe&#58; Jurisprudence on applicants invoking compulsory military service, draft evasion and desertion as protection ground</a>&#160;(Call EUBA-EUAA-2025-ASYLUMCASELAW). November 2025.

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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) also in&#160;<a href="/Documents/2025_factsheet39_case_law_LGBTIQ_applicants_FR_1.pdf">FR</a>,&#160;<a href="/Documents/2025_factsheet39_case_law_LGBTIQ_applicants_IT.pdf">IT</a>,&#160;<a href="/Documents/2025_factsheet39_case_law_LGBTIQ_applicants_ES.pdf">ES</a>.
	</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) also in&#160;<a href="/Documents/Factsheet32_CJEU_jurisprudence_FR.pdf">FR</a>,&#160;<a href="/Documents/Factsheet32_CJEU_jurisprudence_EL.pdf">EL</a>,&#160;<a href="/Documents/Factsheet32_CJEU_jurisprudence_IT.pdf">IT</a>,&#160;<a href="/Documents/Factsheet32_CJEU_jurisprudence_ES.pdf">ES</a>.
	</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>
</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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23/09/2025

COE: The ECtHR decided not to extend the interim measure previously adopted to prevent the removal of a Syrian national from Austria, finding that the security situation and the individual circumstances did not show a real and imminent risk of serious harm under Articles 2 and 3 of the Convention.

A.F., a Syrian national applied for interim measure before the European Court of Human Rights (ECtHR) against Austria alleging a real and imminent risk of violation of rights enshrined under Articles 2 and 3 of the European Convention on Human Rights upon return to his country of origin. The applicant argued that the alleged risk is due to the volatile and humanitarian situation in Syria. The ECtHR allowed an interim measure on 11 August, applicable until 8 September 2025, to...

20/11/2025

EU: The CJEU ruled that a Member State may not reject an application for international protection, namely an application for subsidiary protection status, on the sole ground that the applicant enjoys temporary protection; it further noted that Article 18 of the recast Qualification Directive and Article 33 of the recast Asylum Procedures Directive have direct effect and that if a national court finds that it cannot interpret its national law in conformity with these provisions, it would be required, if needed, to disapply national law in order to protect individuals in accordance with EU law.

The applicants in this case are AA, Nigerian national holding a permanent residence permit in Ukraine, and BA, a Ukrainian national, and their four children, CA, DA, EA and FA, who are...

17/07/2025

UN: The Human Rights Committee dismissed the communication of a Myanmar national against Sweden, finding that her opposition to the military junta on social media, her family’s political background, and her claims of discrimination based on her ethnicity, religion and health condition did not substantiate a real risk of irreparable harm upon return, and that her removal would not violate Articles 6 and 7 of the ICCPR.

The applicant, a national of Myanmar, referred to as K.C., entered Sweden on a student visa from Türkiye on 18 February 2021 and applied for asylum on 9 March 2021. She claimed she feared persecution due to her and her family's political activities, her posts against the military junta on social media, and her Indian descent and Muslim faith. The Swedish...

18/09/2025

AT: The Constitutional Court found that the assessment conducted by the Federal Administrative Court on return of a Syrian applicant was lawful as it was based on updated country of origin information on the security situation.

The Constitutional Court rejected the complaint submitted by a Syrian national on grounds of a potential violation of Articles 2 and 3 of the European Convention on Human Rights (ECHR) due to the decision to remove the applicant and return him to Syria. The Constitutional Court did not find procedural deficiencies in the Federal Administrative Court decision. The Constitutional Court considered that the Federal Administrative Court duly assessed both the security and supply situation in Syria, in particular specifically in the applicant’s region of origin,...

04/11/2025

DE: The Regional Administrative Court of Düsseldorf rejected a request for suspensive effect of the appeal lodged by a Syrian national against a negative and return decision by the Federal Office for Migration and Refugees (BAMF), dismissing his allegations on impediments to return since it found, based on country of origin reports including from EUAA, that the general security situation in Syria (Damascus and Latakia) did not indicate a risk of serious harm. Citing CJEU and ECtHR cases, the court also dismissed that the applicant’s claims on aspects related to health and a risk of material deprivation.

A Syrian national requested the Regional Administrative Court of Düsseldorf to order the suspensive effect of his appeal lodged against the return order contained in the BAMF negative...

09/09/2025

AT: The Supreme Administrative Court held that any form of genital mutilation (FGM/C) constitutes persecution and emphasised the duty of the Administrative Court to consider ex officio relevant country of origin information on the risk of being subjected to reinfibulation upon return.

A Somali national lodged an application for international protection in Austria on 3 July 2023. She argued that she had been subjected to genital mutilation (FGM) against her will in 2016, and she feared to be subjected to reinfibulation upon return, as a gynaecologist in Austria had explained to her that she was no longer ‘sewn up’. In addition, she submitted that her father had threatened her to forcibly marry her to an older man. On 7 November 2023, the Federal Office for Immigration and Asylum...