EUAA - Latest Updates

17/04/2024
FI: The Supreme Administrative Court referred questions to the CJEU for interpretation of the Return Directive with regard to detention pending removal

The case concerned the lawfulness of a third period of detention against the applicant, for the purpose of removal within the meaning of the Return Directive. A, the applicant, was a Moroccan national who illegally entered Finland after disappearing during the asylum procedure in the Netherlands where he was also subject of an entry ban to the Schengen area.

In Finland, the applicant was detained for four...

15/04/2024
FR: The National Court of Asylum ruled that a derived right for international protection as provided under Article 23 of the recast Directive 2011/95/EU was not possible for a minor applicant whose mother benefitted from subsidiary protection based on her own mother's personal asylum application.

The applicant, an Ivorian minor represented by her mother, claimed the annulment of the negative decision issued by the French Office for the Protection of Refugees and Stateless Persons (OFPRA) on 25 May 2023 where the OFPRA rejected the minor’s application for international protection.

Firstly, the French Court of Asylum (CNDA) assessed the appeal with regard to procedural breaches. The CNDA found...

15/04/2024
COE: The ECtHR ruled that Hungary violated the right to liberty and security of a Syrian national under Article 5 § 1 of the Convention for an arbitrary detention of almost six months.

The judgment concerned the application for international protection of a Syrian national who fled to Hungary in 2018. The Hungarian courts convicted the applicant for public deed forgery with a sentence of a two-year entry ban to the country.

The applicant agreed to collaborate with the Hungarian authorities which found that she was formerly subjected to...

12/04/2024
FR: The National Court of Asylum provided subsidiary protection to an applicant from Central Sudan, holding that the region is experiencing a situation of exceptional indiscriminate violence which would affect civilians by mere presence there.

The National Court of Asylum (CNDA) granted asylum to a Sudanese national from Central Darfur due to the situation of indiscriminate violence of exceptional intensity.

The applicant from Abu Jaradil, a locality in Central Darfur, requested international protection due to an alleged fear of the Janjawid militiamen and the Sudanese authorities due to political opinions favorable to rebellion...

11/04/2024
NL: The Council of State overturned the judgment of the Court of The Hague seated in Amsterdam and held that by hearing the third country national on the third day after submitting her asylum application and then screening on the third day of the rest and preparation period, the State Secretary acted expeditiously to ensure that the border detention lasted as short as possible.

A third country national arrived at Schiphol Airport on 28 March 2023 and she submitted an asylum application the next day. The State Secretary for Justice and Security postponed the decision on her entry to the Netherlands and by decision of 29 March 2023, the State Secretary imposed a custodial measure for the duration of the processing of her asylum application in the border procedure...

09/04/2024
NL: The Council of State allowed an interim request to suspend the implementation of a return decision for a third country national, pending the outcome on his appeal against the end of temporary protection.

The case concerned a request for interim relief against the State Secretary decision of 7 February 2024 where the latter issued a return decision, ordering the applicant to leave the Netherlands within 28 days starting on 4 March 2024, when the temporary protection of the applicant ended. The Court of the Hague seated in Utrecht rejected the request as unfounded and the applicant appealed further before the Council of...

09/04/2024
COE: The ECtHR found Poland in violation of Article 3 of the Convention (procedural aspect) and of Article 4 of Protocol No 4 to the Convention for the lack of examination of asylum applications at the border crossing and the collective expulsion of applicants to Ukraine without an examination of whether this was a safe country for them and with a risk of chain refoulement to Tajikistan.

Four Tajik nationals, repeatedly attempted to enter Poland at a Ukrainian border crossing from December 2016 to February 2017. They were refused entry each time by border guards in Medyka and Dołchobyczów, who interviewed them and recorded in a summary official note in Polish. They submitted that on each attempt they expressed their wish to apply for international protection due to a risk of persecution based on...

08/04/2024
MT: The First Hall Civil Court rejected a case concerning an alleged pushback to Libya during a maritime rescue operation, on the grounds that it had no jurisdiction to hear the case as the applicants were residing outside of Malta, and their representative in Malta did not provide valid documentation to prove that he had been granted power of attorney.

The case concerns fifty asylum applicants represented by Dr Paul Borg Olivier, who between 11 April 2020 and 16 April 2020 were allegedly the victims of pushback to Libya during the rescue operation involving a fishing boat flying a Libyan flag, which was being coordinated by the Maltese authorities, and two applicants who are the brothers of two men who allegedly passed away during this...

Latest Registrations are available here arranged by date of insert/registration in the EUAA Case Law Database (not by date of publication).​

17/04/2024 FI: The Supreme Administrative Court referred questions to the CJEU for interpretation of the Return Directive with regard to detention pending removal

15/04/2024 COE: The ECtHR ruled that Hungary violated the right to liberty and security of a Syrian national under Article 5 § 1 of the Convention for an arbitrary detention of almost six months.

12/04/2024 FR: The National Court of Asylum provided subsidiary protection to an applicant from Central Sudan, holding that the region is experiencing a situation of exceptional indiscriminate violence which would affect civilians by mere presence there.

09/04/2024 NL: The Council of State allowed an interim request to suspend the implementation of a return decision for a third country national, pending the outcome on his appeal against the end of temporary protection.

Latest Registrations are available here arranged by date of insert/registration in the EUAA Case Law Database (not by date of publication).

17/04/2024
FI: The Supreme Administrative Court referred questions to the CJEU for interpretation of the Return Directive with regard to detention pending removal

15/04/2024
COE: The ECtHR ruled that Hungary violated the right to liberty and security of a Syrian national under Article 5 § 1 of the Convention for an arbitrary detention of almost six months.

12/04/2024
FR: The National Court of Asylum provided subsidiary protection to an applicant from Central Sudan, holding that the region is experiencing a situation of exceptional indiscriminate violence which would affect civilians by mere presence there.

09/04/2024
NL: The Council of State allowed an interim request to suspend the implementation of a return decision for a third country national, pending the outcome on his appeal against the end of temporary protection.