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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).

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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23/02/2024
NL: The District Court of Northern Netherlands in Groningen ruled that the Central Agency for the Reception of Asylum Seekers must adhere to the maximum occupancy of 2,000 asylum seekers at the Ter Apel location agreed with the municipality of Westerwolde and that failure to do so carries a penalty of €15,000 per day with a maximum of €1,500,000.

The District Court of Northern Netherlands in Groningen ruled in a case concerning preliminary relief in summary proceedings brought by the municipality of Westerwolde against the Central Agency for the Reception of Asylum Seekers (Centraal Orgaan opvang asielzoekers‚ COA).

The preliminary relief judge noted that it was agreed several times that the COA will not accommodate more than 2,000 people in the...

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22/02/2024
NL: The District Court of the Hague seated in Arnhen rejected an appeal of a stateless Palestinian against a decision on a Dublin transfer to Finland.

The case concerned an appeal submitted by a stateless person from Palestine, against a decision to transfer him under the Dublin procedure to Finland. On the risk of direct refoulement, the District Court of the Hague seated in Arnhem stated that there was no reason not to apply the inter-state principle of mutual trust. The court noted that the applicant did not substantiate on the alleged shortcomings in the asylum...

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22/02/2024
COE: The ECtHR ruled that France would not violate Article 3 of the European Convention if it would enforce a decision to remove an applicant to the Russian Federation, after the revocation of refugee protection, and considering that all the conditions required for an updated assessment of the individual situation were met.

According to the Press release of the ECtHR, published on 15 February 2024:

"The applicant is a Russian national of Chechen origin who was born in 1968 in the Russian Federation.

The applicant entered France in September 2009. On 15 November 2011 the French Office for the Protection of Refugees and Stateless Persons (OFPRA) rejected his asylum application. On 22 May 2012 the National Asylum...

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22/02/2024
COE: The ECtHR found Hungary in violation of Article 5(1) of the European Convention for the arbitrary detention of two minors, as the authorities failed to act expeditiously in ordering their age assessment or considering alternative measures and did not take into account the children’s best interests.

M.H. and S.B, are an Afghan and a Pakistani national respectively, who were placed in detention in Hungary after crossing into the territory in 2016, when they were still minors. According to the records regarding their interviews by the immigration authorities’, both applicants requested asylum and they initially stated that they were adults, soon after changed their statements and noted that they were minors...

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21/02/2024
BE: The Council for Alien Law Litigation clarified the scope of the language regime set out in Article 51/4, § 1 of the Aliens Act, holding that the scope of the linguistic regime is limited to the examination of the application for international protection.

In the context of an urgent appeal against a decision to be returned to the border following a transfer decision for a Turkish national, the Council for Alien Law Litigation clarified the scope of the language regime set out in Article 51/4, § 1 of the Aliens Act of 15 December 1980. The article provides that the examination of the application for international protection takes place in French or Dutch and that...

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21/02/2024
BE: The Council for Alien Law Litigation referred questions to the CJEU for preliminary ruling on Article 43(2) of the recast Asylum Procedures Directive, specifically on the qualification of a procedure as border procedure and the right to an effective remedy.

Several applicants who received decisions from the Commissioner General for Refugees and Stateless Persons following requests for international protection lodged at the border and rendered after the expiry of the four-week period provided for in Article 43(2) of the recast Asylum Procedures Directive (APD), lodged appeals with the Council for Alien Law Litigation. The Council decided on 22 January 2024. It observed...

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20/02/2024
DE: The Regional Administrative Court of Sigmaringen rejected an interim measure against a transfer decision to Italy and interpreted the Italian declarations of 5 and 7 December 2022 in view of the principle of mutual trust

The case concerned a request for interim measure lodged by a Cameroonian applicant before the Regional Administrative Court of Sigmaringen against a transfer decision to Italy following a negative decision on a Dublin transfer issued by the BAMF on 1 August 2023.

Referring to a number of recent court decisions, the Regional Administrative Court of Sigmaringen decided that, for a...

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20/02/2024
DE: The Regional Administrative Court of Berlin granted an interim measure for family reunification to a minor with subsidiary protection status

The Regional Administrative Court of Berlin decided in an interim procedure pursuant to Section 123(1) sentence 2 of the Administrative Court Code on whether to allow family reunification pursuant to Section 36a(1) sentence 2 of the Residence Act of a Syrian applicant (mother) to her minor son who had subsidiary protection in Germany. The Immigration Office had rejected the application for family reunification...

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20/02/2024
IE: The High Court issued an injunction prohibiting a transfer to Spain under the Dublin III Regulation, pending a decision on Article 17 on the discretionary clause.

The applicant, AC, is an Algerian national who applied for international protection in Ireland. The applicant entered Spain by crossing the border into Spain from Algeria. The International Protection Office submitted a take back request to Spain in accordance with Article 13(1) of the Dublin III Regulation and Spain accepted responsibility for the applicant.

Under Article 17 of the Dublin III Regulation...

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