EUAA Case Law Database

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*** Recent EUAA publications on asylum jurisprudence:

Jurisprudence related to asylum pronounced by the Court of Justice of the EU in 2024 (April 2025)
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)

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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03/04/2025

EU: The CJEU ruled that Article 46(3) of the recast Asylum Procedures Directive, read in the light of Article 47 of the EU Charter and Article 4(3) of the TEU, must be interpreted as meaning that, in order to satisfy the requirement of a full and ex nunc examination, a national court of first instance hearing an action against a negative asylum decision must have the power to order a medical examination of the asylum applicant, where the court considers that the use of that examination is necessary or relevant for the purposes of assessing that application.

B.F., a Lebanese national, requested international protection in Cyprus on 4 September 2018. The applicant claimed that he had been the victim of torture by the Lebanese intelligence agencies and military services due to...

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...

02/04/2025

NL: The Council of State referred two questions before the CJEU for interpretation of Article 17(2) of the TPD on the possibility to suspend the processing of asylum applications during the validity of the temporary protection status and on situations when the time limits for examining asylum applications as set under Article 31 of the recast APD must be observed.

A Chinese applicant who was residing in Ukraine with his Ukrainian wife and child before 24 February 2022, travelled to the Netherlands on 7 March 2022 and applied for asylum on 13 April 2022. The Minister for Asylum initiated the processing of the asylum application and conducted the personal interview for his asylum application on 19 September...

15/01/2025

IT: Following the CJEU ruling in Joined Cases C-228/21, C-254/21, C-297/21, C-315/21, C-328/21, the Court of Cassation affirmed that the exercise of the discretionary clause under the Dublin III Regulation can only be judicially reviewed in exceptional cases involving systemic deficiencies in the responsible Member State, and clarified that applicants may challenge Dublin transfers on the grounds of an alleged violation of their right to complementary protection under national law, provided the issue is specifically raised.

H.A., a national of Pakistan, requested international protection in Italy. The Dublin Unit at the Ministry of the Interior ordered his Dublin transfer to Austria, where he had...

04/11/2024

IT: The Tribunal of Rome referred questions to the CJEU on the compatibility with the recast APD of designating a third country as a safe country of origin through primary legislation without making the supporting sources accessible and verifiable, on the court’s ability to use independent country information to assess whether the conditions for such a designation are met, and on the permissibility of such a designation where certain categories of persons in that country do not meet the required conditions.

The case is registered before the Court of Justice of the European Union (CJEU) under under Case...