EUAA Case Law Database

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EUAA Quarterly Overview of Asylum Case Law, Issue 1/2025 for asylum judgments from December 2024 to February 2025. To receive the Quarterly by email, please subscribe here.
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)

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27/03/2025

EU: The CJEU ruled that Article 10(1)(d) of the recast Qualification Directive must be interpreted as meaning that an asylum applicant targeted by a blood feud in the country of origin for being a member of a family involved in a property dispute may not, for that sole reason, be regarded as belonging to a ‘particular social group’; however, national authorities must determine whether the applicant qualifies for subsidiary protection, as serious harm covers a real threat to the applicant of being killed or subjected to acts of violence inflicted by a member of his or her family or community.

A N, an Afghan national and an ethnic Pashtun from the Province of Laghman (Afghanistan), requested international protection in Austria on 4 November 2015, claiming that he was at risk...

06/03/2025

COE: The ECtHR found no violation of Sweden's positive obligations under Article 2 of the ECHR towards an Afghani asylum seeker with a worsening visual impairment and mental health problems who committed suicide two days after he received his negative asylum decision, due to lack of signs of mental distress or suicidal tendencies in the month preceding it and no immediate signs to render the attempt likely in the days prior.

An Afghan national and his brother arrived in Sweden as unaccompanied children and applied for asylum on 1 November 2015. The brother of the applicant in the proceedings before the European Court of Human Rights (ECtHR), A.H., had a visual impairment since birth and mental health problems. The Migration Agency (Migrationsverket) assigned a...

25/03/2025

COE: The ECtHR ruled that Greece violated Article 2 of the European Convention, as it did not provide an effective investigation into the death of the applicant’s minor son, which took place after a shot was fired by a Greek coastguard during an operation to intercept a boat illegally transporting people to Greece. The court also held that the interception operation was not carried out in a way that would minimise the use of lethal force and the possible risks to life.

The applicants' minor son, Ameer Mokhlas, an Iraqi national, died on 29 August 2015 near the island of Symi, following a shot fired by a Greek coastguard during an operation to intercept a boat illegally transporting people to Greece. The facts of the case were disputed between the parties, but they...

20/03/2025

NL: The District Court of the Hague, seated in Amsterdam, submitted several questions to the CJEU for a preliminary ruling on the meaning, standards and conditions of specialised detention facilities as set out in the recast Reception Conditions Directive, with reference to the Schiphol Judicial Complex which is used for detention of applicants for asylum and for criminal detention at the same time.

On 24 November 2024, the Minister of Asylum and Migration (hereinafter “the Minister”), imposed the measure of deprivation of liberty on the applicant based on Article 6, third paragraph of the Aliens Act 2000. On 13 December 2024, the applicant lodged an appeal before the Court of the...

26/03/2025

NL: The Council of State ruled that the Netherlands may continue to transfer asylum applicants to Cyprus, as although Cyprus exceeds the maximum period for deciding on an asylum application, there are no structural shortcomings in the reception facilities in Cyprus that would amount to ill treatment and no evidence that asylum applicants transferred under the Dublin procedure are systematically placed in detention and would not have access to an effective remedy against a negative asylum decision.

A Somali national entered the European Union in Cyprus and subsequently applied for asylum in the Netherlands. Because under the Dublin III Regulation Cyprus was considered...

06/03/2025

SE: The Migration Court of Appeal ruled that it was proportionate to revoke refugee status for a third country national convicted for aggravated weapons offenses, which was considered to be a particularly serious crime, thus rendering the applicant to be considered a genuine, present and sufficiently serious threat to a fundamental public interest.

AA, a national of Iraq, was granted refugee status in Sweden in July 2017. In September 2020, he was sentenced to 2 years and 6 months in prison for assault, aggravated unlawful threats, petty drug offenses, and serious weapons offenses. After the sentence remained final, the Swedish Migration Agency decided in January 2024 to revoke...