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

13/03/2024
FR: The National Court of Asylum rejected the appeal lodged as third-party intervener by the father of a minor child against the decision by which the latter had been granted international protection and noted that allowing such an appeal would be contrary to the principle of confidentiality of an asylum application.

On 25 March 2022, the French Office for the Protection of Refugees and Stateless Persons (OFPRA) refused to grant refugee protection to a woman and her minor son from Belarus. On 30 December 2022, the National Court of Asylum (CNDA) annulled the OFPRA's decision and granted the applicants refugee status. In this case, the minor child’s father, through a third-party appeal, requested the CNDA to annul its...

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13/03/2024
FR: The National Court of Asylum provided subsidiary protection to an applicant from Haiti, ruling that the security situation in Port-au-Prince and in the Ouest and Artibonite departements, was such that mere presence in these areas would expose the applicant to a real risk of serious harm to his life or person.

The applicant, a Haitian national, submitted an application for international protection before the OFPRA, arguing that he qualified for protection on account of the general situation in Haiti and of his personal circumstances, in particular his health issues. The applicant stated that when gangs became aware that he was about to move to France with his wife, they demanded USD 60,000 from him and shot him, causing him...

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08/03/2024
IE: The High Court asked the CJEU to rule on whether the State is liable for Francovich damages in cases where the State violated the Reception Conditions Directive by failing to provide mandatory material reception conditions.

In early 2023, S.A, an Afghan national, and R.J, an Indian national, applied for international protection in Ireland. Both applicants lived on the streets for more than two months as the State failed to provide the applicants with housing. The State acknowledged that the applicants' rights to accommodation under the recast Reception Conditions Directive had been denied, and it agreed to claims that the...

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07/03/2024
EU: The CJEU ruled that a Dublin transfer must not take place if there are substantial grounds for believing that the applicant would, during or after the transfer, face a real risk of being subjected to pushbacks or detention that would place the person in a situation of extreme material poverty which would amount to inhuman or degrading treatment.

A Syrian national requested international protection in Poland on 9 November 2021 and he subsequently entered the Netherlands on 21 November 2021 where he lodged another application the following day. On 20 January 2022, the Netherlands requested Poland to take back the applicant pursuant to Article 18(1)(b) of the Dublin III Regulation and Poland accepted. By decision of 20 April 2022, the...

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29/02/2024
EU: The CJEU ruled that an asylum application based on a religious conversion taking place after the departure from the person’s country of origin may not be rejected automatically as abusive of the international protection procedure and that any subsequent application must be assessed on an individual basis.

According to the CJEU press release of 29 February 2024:

"An Iranian whose initial application for international protection was dismissed by the Austrian authorities lodged a fresh application (‘subsequent application’) for international protection in Austria. He stated that he had in the meantime...

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28/02/2024
CY: The court of appeal set aside an interim decision for failure of the Administrative Court of International Protection to strike a fair balance between the right to a fair trial and the state interest to protect national security, in a case concerning the exclusion of the applicant from subsidiary protection

The case concerned an onward appeal submitted by the Attorney General and the Asylum Service against a ruling of the Administrative Court of International Protection. By decision of 29 May 2020, the Asylum Service rejected the application for refugee status, but considered that the applicant is eligible for subsidiary protection. However, the Asylum Service excluded the applicant from subsidiary protection on basis of...

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27/02/2024
IT: The Tribunal of Trieste granted subsidiary protection to a Pakistani applicant from the province of Khyber Pakhtunkhwa, due to a high level of indiscriminate violence.

A Pakistani national applied for international protection, claiming to have fled the country due to the ongoing conflicts between the paramilitary groups Khasadar and the Taliban in Khyber Pakhtunkhwa, in the FATA region, and alleged to have cooperated with the Taliban. The applicant stated to fear being killed in case of return, since the Taliban blamed him for warning the Khasadar group.

The Territorial...

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25/02/2024
FR: The Council of State ruled that the applicant's refusal to be accommodated in a place which was not specifically mentioned in the agreement on material reception conditions between the OFII and the applicant could legally result in the OFII's refusal to grant the applicant the respective material conditions of reception.

The applicant, an Iranian citizen, submitted an application for international protection in France on 21 March 2022. Following his application, he accepted the material reception conditions defined by the French Office for Immigration and Integration (OFII). On 9 May 2022, the OFII offered the applicant a place of accommodation, but he refused it. Subsequently, the OFII ended the applicant's conditions of...

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25/02/2024
FR: The Council of State ruled that the emergency condition necessary to suspend the execution of an administrative decision should be regarded as met when the decision was one refusing to renew, revoking or withdrawing a residence permit.

The applicant, a Ukrainian national, was granted temporary protection in France on 25 March 2022 for a duration of six months. On 22 September 2022, the Prefect of Hérault refused to renew the applicant's temporary protection status on the grounds that the applicant was a threat to public order. The applicant appealed against this decision but the relief judge rejected his appeal. Thus, the applicant...

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23/02/2024
FR: The National Court of Asylum provided subsidiary protection to a Palestinian applicant from Khan Younis, ruling that there is a situation of indiscriminate violence of exceptional intensity in the Gaza Strip.

An applicant from Khan Younis, a locality in the Gaza Strip, requested international protection in France, alleging fear of persecution by members of Hamas, due to imputed political opinions.

The court noted that the applicant did not benefit from the protection of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), as his parents and himself were born in Khan Younis...

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