Latest asylum case law

Netherlands

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.

02/04/2025

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NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]

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Referral for a preliminary ruling

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202402732/1/V2

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 2023, at a registration center in Ter Apel. The same day, the Minister...

Italy

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.

15/01/2025

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IT: Supreme Court of Cassation - Civil section [Corte Suprema di Cassazione]

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Judgment

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935

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 previously requested international protection, but his application had been rejected. He appealed this decision and sought its annulment. The Tribunal of Florence upheld the appeal with reference to the ground of complaint alleging infringement...

Italy

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.

04/11/2024

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IT: Civil Court [Tribunale]

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Referral for a preliminary ruling

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The case is registered before the Court of Justice of the European Union (CJEU) under under Case C-758/24 [Alace].

The applicant, a national of Bangladesh, requested international protection, and his application was rejected...

Austria

The Constitutional Court upheld an inadmissibility decision concerning an Afghan applicant, beneficiary of refugee status in Greece, by confirming that his return to Greece would not violate his rights under Articles 2, 3, or 8 of the ECHR.

27/02/2025

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AT: Constitutional Court [Verfassungsgerichtshof Österreich]

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Decision

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E 3882/2024-22

The applicant, a national of Afghanistan, requested international protection on 12 June 2024 in Austria, asserting that he faced persecution by the Taliban in his country of origin before leaving and feared for his life. Given two Eurodac hits in relation to the applicant in Greece, the Federal Office for Immigration and Asylum (BFA) transmitted a request for information to Greece pursuant to...

Belgium

The Labour Court of Brussels ruled that Fedasil and the Belgian State unlawfully limited the applicant’s reception conditions because he had previously been granted refugee status in Greece, without considering his extreme material deprivation, his heightened vulnerability as a Palestinian national, or whether he could maintain a dignified standard of living.

13/03/2025

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BE: Labour Court [Cour du travail/Arbeidshof]

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Judgment

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2025/CB/2

The applicant, a national of Palestine*, was granted refugee status in Greece. He later entered Belgium and requested international protection there. On 10 December 2024, he was placed on the waiting register, but Fedasil did not provide him with accommodation. On 13 December 2024, the applicant’s legal representative requested that Fedasil and the Belgian State offer him a reception place within 24 hours. The...

European Union

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.

03/04/2025

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EU: Court of Justice of the European Union [CJEU]

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Judgment

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C-283/24

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 his political activism and involvement in the paramilitary wing of a Lebanese political party. He added that he was subjected to threats and attempted murder, so he feared that if returned to Lebanon,...

European Union

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.

27/03/2025

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EU: Court of Justice of the European Union [CJEU]

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Judgment

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C-217/23

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 of persecution in Afghanistan on account of a blood feud targeting persons who were related to his father, due to a property dispute concerning agricultural land between his father and his father’s cousins. A N stated...

Netherlands

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.

20/03/2025

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NL: Court of The Hague [Rechtbank Den Haag]

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Decision

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NL25.6640

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 Hague on the grounds that the continuation of her deprivation of liberty from 10 January to 16...

Netherlands

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.

26/03/2025

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NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]

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Decision

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No 202403478/1/V3

A Somali national entered the European Union in Cyprus and subsequently applied for asylum in the Netherlands.

Because Cyprus was considered responsible for the processing of the asylum application under the Dublin III Regulation, by decision of 18 April 2024, the State Secretary for Justice and Security decided not to examine the application in the Netherlands and to transfer the applicant back to...

Sweden

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.

06/03/2025

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SE: Migration Court of Appeal [Migrationsöverdomstolen]

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Decision

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UM 4827-24, ME 2025:3

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 AA's refugee status because the serious weapons offense he was convicted of...