EUAA - Search asylum case law

European Union

The CJEU ruled that Article 3 of the recast QD precludes national legislation which provides for the grant of subsidiary protection to a third-country national who, upon removal to the country of origin, would face a real risk of suffering a breach of private life due to the severing of links with the Member State examining the application for international protection.

05/06/2025

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

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Judgment

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C-349/24

A.B., a third-country national, arrived in the Czech Republic in July 2006 and his stay was legal until the Czech authorities rejected the extension of his residence permit. He lodged an application for international protection in April 2019, which was rejected in February 2020 by the Ministry of the Interior. By judgment of 17 June 2021 of the Regional Court of Prague, the decision of the Ministry was annulled and the application was re-examined again by the Ministry and rejected a...

France

FR: The National Court of Asylum granted subsidiary protection to an Ukrainian national from Sumy, finding that the area was characterised by a situation of indiscriminate violence due to frequent attacks, but emphasised that being an Ukrainian national did not suffice to be granted international protection.

26/05/2025

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FR: National Court of Asylum [Cour Nationale du Droit d'Asile (CNDA)]

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Decision

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No 25004921

A Ukrainian national requested international protection in France. In support of his application, he claimed that he feared being exposed to serious harm due to the armed conflict prevailing in Ukraine and the advance of Russian troops near Sumy, his hometown. He also claimed that he lived in Sumy until 2014, when the economic hardship of the Donbas war forced him to find intermittent work in France, finally settling there irregularly in 2020. His brother is...

Iceland

IS: The Immigration Appeals Board upheld the negative decision concerning a Colombian applicant who had initially applied for asylum accompanied by family members but later returned and submitted a subsequent application as an unaccompanied minor. It found that the change in circumstances was insufficient to alter the initial determination that he did not qualify for international protection.

22/05/2025

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IS: Immigration Appeals Board (Kærunefnd útlendingamála)

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No. 419/2025

A minor from Colombia, requested international protection in Iceland together with his father and sisters, and the Directorate of Immigration rejected their applications. The Immigration Appeals Board overturned the decisions on 25 April 2023 and ordered a re-examination. On 15 August 2023, the Directorate of Immigration again rejected the applications, and these decisions were upheld by the Immigration Appeals Board on 30 November 2023. On 7 October 2024, the applicant submitted a subsequent...

Netherlands

NL: The Council of State ruled that the application of the ‘first in, first out’ (FIFO) principle in processing family reunification applications neither justifies extending the legally established deadlines for decision nor warrants a reduction in the penalties imposed for non-compliance with those deadlines.

21/05/2025

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

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Judgment

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202405046/1/V1

A national of Türkiye, holder of refugee status, submitted a family reunification application on 8 November 2023 for his spouse and their three minor children. As no decision was made within the legally prescribed period, the spouse served a notice of default to the Minister of Asylum and Migration on 10 May 2024. Following continued inaction, she lodged an appeal on 20 June 2024 against the minister’s failure to decide on the application within the prescribed timeframe. In...

Netherlands

NL: The District Court of the Hague seated in Haarlem ruled that the Netherlands is responsible for processing the asylum application submitted by a Tajik national and not the Polish authorities, finding systemic deficiencies in the asylum procedure as the Polish authorities attempted to deport the applicant despite court rulings against such deportation.

15/05/2025

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NL: Court of The Hague [Rechtbank Den Haag]

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Judgment

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NL25.3915

A Tajik national first applied for asylum in Poland on 27 April 2022, then in the Netherlands on 23 May 2023. In the Netherlands, his first asylum application was not processed because Poland was deemed responsible. He submitted a subsequent application for international protection in the Netherlands on 15 January 2025, arguing that he was at risk in Tajikistan because he adhered to an Islamic movement and such religious membership is punishable in Tajikistan. The...

Italy

IT: The Court of Appeal of Bari did not validate the detention measure ordered by the Quaestor of Bari and ruled that the application for international protection, submitted by the applicant while detained at the CPR of Gjader, was not made to delay or obstruct removal, as he had resided in Italy for almost 30 years and had two young children.

09/05/2025

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IT: Court of Appeal [Corte di Appello]

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Decision

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R.G. 795/2025

On 21 February 2025, the Prefect of Cuneo province ordered the removal of a third-country national who was irregularly residing in Italy. On the same day, the Quaestor of Cuneo ordered his detention at the pre-removal centre (Centro di Permanenza per il Rimpatrio, CPR) of Gorizia-Gradisca d'Isonzo. The Justice of the Peace of Gorizia validated the detention measure on 25 February 2025. On 11 April 2025, the individual was transferred to the CPR of Gjader,...

European Union

The CJEU ruled that under Article 31(3)(b) of the recast Asylum Procedures Directive, the 6 months’ time limit for the examination of applications for international protection may be extended by 9 months by the determining authority due to a significant increase in the number of applications, within a short period, and not when there is a gradual increase in applications over an extended period; other circumstances such as a significant backlog of applications or insufficient personnel at the determining authority cannot justify such an extension.

08/05/2025

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

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Judgment

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C-662/23

X, a Turkish national, requested international protection in the Netherlands on 10 April 2022. On 21 September 2022, the State Secretary for Justice and Security decided to extend by nine months the 6 months’ time limit provided by Dutch law for the examination of applications for international protection. On 13 October 2022, X served a notice of default on the State Secretary for failure to take a decision within the 6 months’ time limit, and in the absence of a reply,...

Netherlands

NL: The Council of State ruled that the Minister for Asylum and Migration cannot restrict the assessment of an asylum application by a stateless Palestinian who voluntarily left the UNRWA area of operation solely to the time of their departure, and must also consider the conditions in the relevant area at the time of the decision on the asylum application, taking into account the personal circumstances of the applicant.

07/05/2025

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

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Judgment

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202307092/1/V2

The applicant is a stateless woman from Palestine* originating from the West Bank and registered as a refugee with the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA). She requested international protection in the Netherlands, and her application was rejected by the Minister for Asylum and Migration, which considered that she had left the UNRWA area of operation voluntarily, without any indication that the protection or assistance provided by UNRWA had...

Netherlands

NL: The Council of State ruled that the Minister for Asylum and Migration must conduct a risk assessment on reprisals by human traffickers upon the applicant’s return to Nigeria, and take into account the risks mentioned in the the EUAA’s Country Guidance: Nigeria (October 2021)

07/05/2025

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

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Judgment

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202204904/1/V3

A Nigerian national applied for asylum in the Netherlands, claiming she feared being ritually sacrificed in her home country and killed upon return by the human traffickers who helped her travel to Europe. The Minister for Asylum and Migration rejected her application by decision of 27 August 2021. The minister did not find credible the claim that she would be ritually sacrificed . Additionally, whilst the minister recognised that the applicant was a victim of human trafficking and held a...

Netherlands

NL: The District Court of the Hague, seated in Roermond, referred two questions before the CJEU regarding the scope of a judicial review against a detention measure and the possibility for the judge to verify, ex officio, compliance with the principle of non-refoulement and respect of interests provided for under Article 5 of the Return Directive as well as with the EU Charter.

06/05/2025

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NL: Court of The Hague [Rechtbank Den Haag]

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Referral for a preliminary ruling

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NL25.17803

Case registered before the CJEU under C-313/25 PPU [Adrar]

An Algerian national applied for international protection in the Netherlands on 11 September 2024, but because the applicant did not present himself for the personal interview, his application was dismissed by a decision which served also as a...

Switzerland

CH: The Federal Administrative Court found no evidence that an Afghan national who claimed a risk of forced conscription as a minor was personally targeted or at risk of future recruitment because the local militias were no longer active.

05/05/2025

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CH: Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC]

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Judgment

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E-2247/2021

An Afghan national, claiming to be an unaccompanied minor, requested international protection in Switzerland on 24 December 2020. In support of his application, he claimed that he was forced to join the local militia when he was 12 years old but he was deemed too young to take part in fighting, so he was employed in the kitchen for three and a half years. He held that the work he did was dangerous and tiring, and that he had been sexually abused on several occasions...

European Union

The CJEU ruled that, when deciding on exclusion from international protection under Article 12(2)(b) of the recast Qualification Directive, Member States must take into account if the applicant already served the sentence; however, this is merely an aspect among others to be considered and it does not, in itself, prevent that applicant from being excluded from refugee status.

30/04/2025

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

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Judgment

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C-63/24

K. L., a third country national who crossed the border between Belarus and Lithuania on 17 February 2022, applied for asylum in Lithuania. He claimed that he was illegally convicted three times in his country of origin, because of his political opposition activity and that he had left his country when the law enforcement authorities began questioning other individuals as he was convinced that they were preparing a new criminal case against him for having organised demonstrations and...

Germany

DE: The Regional Administrative Court of Ansbach rejected the application for international protection made by a Ukrainian national, finding that the domestic issues with her ex-husband did not meet the threshold of an act of persecution and that she did not meet the requirements for subsidiary protection since internal flight alternatives were available in central and western Ukraine.

30/04/2025

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DE: Regional Administrative Court [Verwaltungsgericht]

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Judgment

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AN 4 K 24.32419

A Ukrainian national requested international protection in Germany on 8 March 2023, claiming that she feared returning to and residing in Ukraine. She stated that her apartment had been destroyed during the war and that employment opportunities were no longer available in the country. She further claimed that she experienced domestic violence and issues with her ex-husband, who had physically assaulted her on one occasion and took their eldest son without her consent. By decision of 13...

Luxembourg

LU: The Administrative Tribunal found that the harm suffered by a minor from Cote d'Ivoire from his father, including beatings and working at the market under threats, amounted to torture or degrading treatment and forced labor under international law, and granted him subsidiary protection. It emphasised that, as a minor, the applicant could not have accessed protection in Côte d'Ivoire due to his vulnerability, the lack of parental or guardian support, and the risks of reprisals.

29/04/2025

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LU: Administrative Tribunal [Tribunal administratif]

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Judgment

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No 49809

The applicant was an unaccompanied minor from Cote D’Ivoire, applied on 17 September 2021 for international protection in Luxembourg, through his ad hoc legal guardian. In support of his application, the applicant claimed that he was beaten and humiliated by his father and his father’s first wife since birth and forced to work at the market until the age of 10. He alleged that he moved to his grandparents where his mother and sister lived, but the grandfather had refused to take...

Switzerland

CH: The Federal Administrative Court found no systemic deficiencies in the asylum system and reception conditions in Malta and confirmed the decision on a Dublin transfer of a Sudanese.

28/04/2025

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CH: Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC]

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Judgment

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F-2713/2025

A Sudanese national applied for international protection in France (19 December 2016) and in Malta (20 August 2019), before applying in Switzerland (21 March 2025). On 8 April 2025, the State Secretariat for Migration (SEM) declared the application inadmissible and ordered the applicant’s transfer to Malta, which accepted his take back, under the Dublin procedure.

The applicant filed an appeal before the Federal...