21/11/2024
|
DE: Federal Administrative Court [Bundesverwaltungsgericht]
|
Decision
|
1 C 23.23 and 1 C 24.23
According to the summary provided by the EUAA Courts and Tribunals Network:
The Federal Administrative Court held that single, employable and non-vulnerable beneficiaries of international protection are currently not exposed to the substantial risk of degrading or inhumane living conditions, which would result in a violation of their rights under Article 4 EU Charter of Fundamental Rights, upon their return to Italy. Asylum applications from this particular group of people may...
|
20/11/2024
|
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
|
Judgment
|
202401462/1/V2
The applicant is an Afghan national whose application for asylum was rejected by the Minister for Asylum and Migration on 25 July 2023. His application was based on alleged threats he faced from the Taliban due to his father’s employment with a company supplying oil to NATO countries. The District Court of the Hague sitting in Arnhem, upheld the appeal by a judgment of 28 February 2024. The court ruled that the Minister lacked sufficient information to determine whether Afghan nationals...
|
14/11/2024
|
BG: Supreme Administrative Court [Върховен административен съд]
|
Decision
|
№ 12353
The applicant, a national of Iraq, was denied international protection by the State Agency for Refugees (SAR) based on a report from the State Agency for National Security (SANS), which identified him as a threat to national security. He appealed to the Administrative Court of Haskovo, which ruled that the SAR’s decision was not properly motivated and violated procedural rules. The court found that the SAR had relied solely on SANS’s stance without independently assessing the...
|
12/11/2024
|
CoE: European Court of Human Rights [ECtHR]
|
Judgment
|
No 56390/21
According to the ECtHR press release:
"The applicant, Mr M.I., is an Iranian national who was born in 1990 and lives in Zurich. Mr M.I. is a homosexual and alleges that he had to leave Iran when his family found out about his sexuality. The case concerns the Swiss authorities’ rejection of his asylum application. They concluded that he would not be at risk if expelled to Iran provided that he continued to live his private life there in a discreet manner upon his return....
|
12/11/2024
|
CoE: European Court of Human Rights [ECtHR]
|
Judgment
|
No. 9588/21
The applicant, a national of Syria, was granted refugee status in Denmark. He was later convicted of assault with aggravating circumstances for physically attacking a man, by a judgment of the District Court. He was also convicted of blackmail and attempted coercion on a separate occasion, as well as possession of cannabis for personal use and distribution. Lastly, he was convicted of importing forged banknotes. Consequently, the applicant was sentenced to seven months' imprisonment, with...
|
11/11/2024
|
IT: Civil Court [Tribunali]
|
Referral for a preliminary ruling
|
46690/2024
The applicant, a national of Bangladesh, a country designated as safe by Decree-Law No 158 of 23 October 2024, was part of a group of migrants collected on the high seas by an Italian military vessel and taken to Albania, in implementation of the Protocol between Italy and Albania. The Quaestor of Rome issued a decree ordering the detention of the applicant at the detention and repatriation centre of Gjader, and requested the Tribunal of Rome to validate it. Pending the validation, he was...
|
08/11/2024
|
CH: Federal Administrative Court [Bundesverwaltungsgericht - Tribunal administratif fédéral - FAC]
|
Judgment
|
E-4103/2024
The case concerned an asylum application submitted by a Kurd Turkish national in September 2022. The applicant stated during the interview that he was under investigation in Türkiye for terrorist propaganda and presidential insults. He mentioned that a file was opened against him in account of having shared a video of a Kurdish guerrilla on social media in Switzerland, in which the armed fighter recites a poem about his life. In addition, after the attack of...
|
07/11/2024
|
BG: Supreme Administrative Court [Върховен административен съд]
|
Decision
|
No 11989
The applicant, a national of the Russian Federation, appealed before the Administrative Court of Sofia and subsequently to the Supreme Administrative Court against the decision of the State Agency for Refugees refusing to grant him international protection. The Supreme Administrative Court upheld the decision, finding it valid, admissible, and correct. It noted that the lower court had thoroughly and extensively examined the circumstances surrounding the validity of the claim and had provided...
|
04/11/2024
|
IT: Civil Court [Tribunali]
|
Decision
|
The applicant, a national from Egypt, a country designated as safe by Decree-Law No 158 of 23 October 2024, requested asylum in Italy (Pozzallo) and had his application channeled to the accelerated procedure and was issued with a detention order pursuant to Article 6 bis of Legislative Decree No 142/2015 by the Quaestor of the Province of Ragusa.
The court examined whether, and to what extent, Decree-Law No 158 of 23 October 2024 was relevant in the present procedure for validating...
|
30/10/2024
|
NL: Court of Justice of Northern Netherlands (Rechtbank Groningen - Noord-Nederland)
|
Judgment
|
C/18/238475/KG ZA 24-145
On 23 January 2024, in case Municipality of Westerwolde v Central Agency for the Reception of Asylum Seekers (Centraal Orgaan opvang asielzoekers‚ COA) (C/18230420 / KG ZA 23-241), the District Court of Northern Netherlands in Groningen ruled that the COA must adhere to the maximum occupancy of 2,000 asylum seekers at the Ter Apel reception 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...
|
30/10/2024
|
NL: Council of State [Afdeling Bestuursrechtspraak van de Raad van State]
|
Judgment
|
BRS.24.000105
Two Ukrainian nationals arrived by plane at Schiphol airport on 6 March 2024 and requested temporary protection at the external border, invoking the Temporary Protection Directive.
The Minister for Asylum and Migration detained the applicants on the basis of Article 6(3) of the Vw 2000. The applicants argued that they should not have been detained given that they applied for temporary protection, however, the District Court of The Hague, sitting in Haarlem dismissed their appeal on...
|
29/10/2024
|
DE: Higher Administrative Court (Oberverwaltungsgericht/Verwaltungsgerichtshöf)
|
Judgment
|
13 ME 201/24
The case concerned the appeal submitted by applicants against the order of the Administrative Court, Hanover, which rejected the request for suspensive effect of appeal against a return decision.
The Higher Administrative Court of Lower Saxony rejected the appeal as inadmissible and clarified that such an appeal against the first instance decision is excluded from Section 80 of the Asylum Law. The court reiterated that Section 80 of the Asylum Law, as recently amended by Article...
|
25/10/2024
|
CY: International Protection Administrative Court [Διοικητικό Δικαστήριο Διεθνούς Προστασίας]
|
Judgment
|
Case No. 1243/2022
A Cameroonian national applied for international protection in Cyprus on 28 March 2018. On 2 March 2022 she was notified the rejection of her request for protection.
The applicant appealed the decision arguing that she cannot return to Cameroon because she is homosexual, and she will be killed as this is a criminal offense in her country of origin. She also argued that she is in danger as her mother was murdered and her sister was abducted by the Ambazonians.
The court...
|
23/10/2024
|
IE: Supreme Court
|
Judgment
|
[2024] IESC 42
The Supreme Court of Ireland referred questions to the CJEU for preliminary ruling on the correct interpretation and application of the concept of ‘delay’ in Article 15(1) of the recast Reception Conditions Directive (RCD), specifically for access to the labour market for applicants for international protection and the appropriate test to be applied when considering whether delay on the part of an applicant can be attributed to the person and entitle the Minister to refuse a...
|
22/10/2024
|
CoE: European Court of Human Rights [ECtHR]
|
Judgment
|
No 1766/23
According to the press release of the ECtHR:
"The applicants are six Bangladeshi nationals who arrived in Malta on 18 November 2022 after being rescued at sea with around another 40 individuals. The applicants claimed to be 16-17 years old. They were taken to the Ħal Far Initial Reception Centre (HIRC) with the rest of the group and were made to stay in what they considered to be inappropriate and overcrowded conditions with little to no access to an outside area, a common...
|