EUAA Case Law Database

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*** Second jurisprudential analysis under the EUAA Case Law Grant is published, drafted by Comillas Pontifical University on Jurisprudence on Asylum Pronounced by the European Court of Human Rights in 2024-2025 (Call EUBA-EUAA-2025-ASYLUMCASELAW), January 2026.

*** Recent EUAA publications on asylum jurisprudence:

EUAA Quarterly Overview of Asylum Case Law, Issue 2/2026 for asylum judgments from March to May 2026. To receive the Quarterly by email, please subscribe here.
Jurisprudence related to Asylum Pronounced by the Court of Justice of the EU in 2025 (March 2026).
Jurisprudence related to the Dublin Procedure in 2025 (Feb 2026).

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

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Latest updates

04/06/2026

EU: The CJEU ruled that Article 46(3) of the recast Asylum Procedures Directive, jointly with Article 47 of the EU Charter, must be interpreted as meaning that a court of first instance, which is mandated to process an appeal against a decision rejecting an application for international protection, has the power to pronounce a binding ruling on the credibility of the account supporting that application, on the plausibility of the applicant's fear of persecution or the real risk of serious harm to the applicant if returned to their country of origin, and on the merits of the application, by considering evidence submitted during the appeal procedure. The court subsequently clarified that Member State cannot limit that power.

The request for a preliminary ruling was submitted in the context of an appeal lodged by a Pakistani national against the negative decision on his asylum application issued by the Minister for Asylum and Migration. Although the Minister considered the applicant's account to be largely credible, it found...

04/06/2026

EU: The CJEU ruled that, pursuant to Article 46(3) of the recast Asylum Procedures Directive, jointly with Article 47 of the EU Charter, a court of first instance, seized with an appeal against a decision rejecting an application for international protection, has the power to pronounce a binding ruling on the credibility of the account supporting that application, on the plausibility of the applicant's fear of persecution or the real risk of serious harm to the applicant if returned to their country of origin, and on the merits of the application. Moreover, it clarified that the expression ‘well-founded fear of being persecuted’ in Article 2(d) of the recast Qualification Directive refers to a situation where there is a reasonable likelihood that an applicant for international protection will be persecuted upon return to their country of origin and for such determination, national authorities must conduct an individual, specific and objective assessment.

The request for a preliminary ruling was submitted in the context of asylum applications lodged in the Netherlands...

04/06/2026

EU: The CJEU clarified that, in a situation in which applicants for international protection are subject to an enforceable decision on a transfer under the Dublin III Regulation, they must be guaranteed an adequate standard of living according to the recast Reception Conditions Directive, and they are entitled to material reception conditions which include, as a minimum, benefits in kind or equivalently, in the form of an allowance or vouchers, covering clothing, food, housing, personal care goods and a financial allowance intended to cover the person’s essential personal needs. The court further held that the concept of subsequent application is not applicable and cannot justify withdrawal or limitation of material reception conditions in such a situation.

The German Federal Social Court referred questions to the CJEU for a preliminary ruling on whether national provisions reducing material reception conditions are compatible with the recast Reception Conditions Directive (RCD), specifically in the context of reception of an asylum applicant pending enforcement of a...

28/05/2026

DE: The Higher Administrative Court of Berlin-Brandenburg ruled that conscripts in the Russian Federation are not generally entitled to subsidiary protection solely on the basis of their expected military service.

A Russian national born in 2004 was granted subsidiary protection by the Administrative Court of Berlin, which found that there was a real likelihood that he would be unable to resist pressure to enlist as a so-called 'contract soldier'. In this position, he would face deployment in Russia's war of aggression against Ukraine and, as a consequence, a risk of inhuman or degrading treatment, including the danger of being killed, injured, or compelled to participate in violations of international law. The Federal Office for Migration and Refugees (BAMF) appealed the judgment before the Higher Administrative Court of Berlin-Brandenburg. The Higher...

23/03/2026

DE: The Higher Administrative Court of Saxony-Anhalt held that a Russian national from Chechenya, of conscription age and who left Russia after the outbreak of the war against Ukraine would not be exposed to a real risk of inhuman or degrading treatment upon return to Russia merely due to draft evasion, or if he would perform basic military service. The court also found it unlikely that the applicant would be deployed to combat operations against Ukraine during compulsory military service or be required to directly or indirectly participate in war crimes during that time as a contract soldier. The court further found that the applicant's Chechen origin did not change the assessment.

A Russian national from Chechenya requested international protection in Germany on 17 July 2023, arguing that he would face a risk of harm in Russia due to conscription for military...

12/05/2026

FR: The CNDA recognised refugee status to a Sudanese applicant of Fur ethnicity originating from Darfur, finding, in view of country-of-origin information from EUAA Country Guidance Sudan, June 2025 and the UN Human Rights Council Fact-Finding mission, February 2026, that the Fur group is subject to ethnic cleansing by Rapid Support Forces (FSR) and Arab militia, who are entirely controlling the area of Darfur, rendering the Sudanese authorities unable to offer effective protection for this ethnic group.

Y., a Sudanese national, originating from the city of Kebkabiya, in the State of the North Darfur, and of Fur ethnicity, applied for international protection in France, claiming a fear of persecution by members of the Rapid Support Forces (FSR) due to his ethnic and geographical origin, without benefitting from effective protection by the Sudanese authorities. The...