EUAA - Search asylum case law

European Union

The CJEU ruled that a judicial authority called upon to review the lawfulness of the detention of an illegally staying third-country national, with a view to removal pursuant to a final return decision, is required to examine, if necessary of its own motion, whether the principle of non-refoulement precludes that removal, and whether the best interests of the child and family life, referred to in Article 5(a) and (b) respectively of that directive, preclude such removal.

04/09/2025

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

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Judgment

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C-313/25 PPU

GB, an Algerian national, applied for international protection in the Netherlands on 11 September 2025. On 7 October 2024, the Minister for Asylum and Migration rejected his application because GB did not appear at the interview to examine the grounds for this application. On 26 March 2025, GB applied again for international protection in the Netherlands, which had the effect of suspending the enforcement of the return decision. After hearing GB on the grounds for...

Italy

IT: The Court of Cassation submitted to the Constitutional Court for review the practice based on Article 6(2-bis) of Legislative Decree No 142/2015 (amended by Legislative Decree No 37/2025), of keeping a person in detention in a Repatriation Detention Centre (CPR), if detention is not validated, until a decision on such validation is issued and provided that another detention order is made within 48 hours for the same person. The Court of Cassation held that such a legal provision allows the limitation ex lege of an individual’s freedom simply because they are already in a CPR, unlike someone who is free.

04/09/2025

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

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Judgment

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R.G.N. 23258/2025

On 20 May 2016, the Prefect of Pescara issued an expulsion order against a Senegalese national. In view of its enforcement, on 28 April 2025 the Head of the Police Headquarters of Ancona ordered his detention in the Bari Repatriation Detention Centre (CPR). The Justice of the Peace of Bari validated the detention on the same day. On 9 May 2025 he was transferred to the CPR of Gjader in Albania. When he arrived there in the transit zone in Schengjin, he applied for international protection on...

Germany

DE: The Federal Administrative Court suspended proceedings in 6 similar cases concerning appeals against decisions on Dublin transfers regarding families with young children when the responsible Member State (Italy) refuses such transfer; the court suspended the proceedings pending the outcome of a CJEU preliminary ruling on relevant questions.

28/08/2025

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DE: Federal Administrative Court [Bundesverwaltungsgericht]

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Judgment

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1 C 24.24

A family of third country national, including young children, first applied for international protection in Italy. The Federal Office for Migration and Refugees (BAMF) rejected their subsequent application in Germany as inadmissible because it found Germany the Member State responsible to process the application. Upon appeal the regional administrative court allowed the action of the applicants but upon onward appeal by the BAMF, the Higher Administrative Court rejected the action and allowed...

Netherlands

NL: The Council of State referred questions to the CJEU on whether EU law obliges Member States to issue return decisions against third-country nationals excluded from international protection and are illegally present but cannot be removed due to the principle of non-refoulement, and whether such decisions must explicitly record the postponement of removal; it also asked whether the issuance of return decisions that indefinitely suspend removal for this reason must be prevented, and, if so, whether EU law prohibits national laws that leave such persons for at least ten years with only limited access to education, essential healthcare and legal aid, without certainty whether they will qualify for residence rights after that period.

27/08/2025

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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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202304482/1/V3 and 202304625/1/V3

The Council of State referred questions to the CJEU, in the cases of two applicants, an Afghan national and a Yemeni national, who were excluded from international protection on the grounds of Article 1F of the Geneva convention. They were issued a return order but could not be forcibly removed for an indefinite period of time because they ran a real risk of serious harm in their country of origin and removal would result in a risk of violating the principle of non-refoulement by breaching...

Netherlands

NL: The Council of State ordered the Minister of Asylum and Migration to adjust its policy concerning direct hearings of accompanied minors between the ages of 12 and 15 who do not have an independent asylum motive. It ruled that while EU law does not provide an absolute obligation for direct hearings of such minors, the minister is obliged to provide the opportunity for them to request to be heard. The minister must ensure that they are informed of this possibility, unless it is not in their best interest, in which case this decision must be motivated taking into account the specific circumstances of the case.

20/08/2025

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

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Judgment

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202404661/1/V1

A Tunisian family consisting of parents and their four minor children applied for international protection in the Netherlands, citing threats from the father’s brother-in-law against the family, including the attempted kidnapping of their eldest child. Furthermore, they alleged a lack of available state protection due to the brother in law’s influence in Tunisia. On 21 May 2024, the Minister of Asylum and Migration, deemed their account to be only partially credible and rejected...

Austria

AT: The Supreme Administrative Court annulled the decision of the Federal Administrative Court concerning a Syrian father and his two daughters, holding that the lower court acted in violation of procedural provisions by inconsistently assessing regime control over their home region (Shuyukh Tahtani, in the immediate vicinity of the city of Kobane/Ain al Arab in the Aleppo Governorate) considering the father’s claim of opposition to the Syrian regime, failing to examine possible family support for the daughters, and neglecting to conduct an individualised risk assessment.

07/08/2025

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AT: Supreme Administrative Court [Verwaltungsgerichtshof - VwGH]

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Decision

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Ra 2024/18/0486

A father (first applicant) and his two daughters (second and third applicants), all Syrian nationals requested international protection in Austria on 12 September 2022. They stated that they had left Syria in 2014 due to the war. On 3 August 2023, the Federal Office for Immigration and Asylum (BFA) rejected refugee status and subsidiary protection, and granted them temporary residence permits.

The applicants appealed....

European Union

The CJEU ruled that a third country can be designated as a safe country of origin by legislative act if that act is subject to effective judicial review; the sources on which the designation is based must be sufficiently accessible to both the applicant and the competent judicial authority; and a third country may not be designated as safe if it does not satisfy, for certain categories of persons, the material conditions required for such a designation.

01/08/2025

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

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Judgment

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Joined cases C-758/24 and C-759/24

According to the press release of the CJEU:

"Under Directive 2013/32/EU, Member States may accelerate the examination of applications for international protection and conduct it at the border where those applications are made by nationals of countries considered to offer adequate protection. In Italy, that designation of third...

European Union

The CJEU ruled that a Member State may not plead an unforeseeable and unavoidable influx of applicants for international protection in order to evade its obligation under EU law to cover basic needs for asylum seekers.

01/08/2025

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

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Judgment

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C-97/24

According to the CJEU press release of 1 August 2025:

"Two asylum seekers – an Afghan national and an Indian national – were forced to live for a number of weeks in precarious conditions in Ireland after that Member State refused to provide them with the minimum reception conditions required by EU law. Although the Irish authorities issued each of them with a single voucher...

European Union

EU: The CJEU addressed the legal consequences of refusing to grant a period for voluntary departure under the Return Directive, holding that such a refusal is not a mere enforcement measure but one that directly alters the legal position of the individual and must be open to challenge in legal proceedings; it also ruled that entry bans are supplementary to return decisions, meaning that national authorities may impose an entry ban even after a considerable lapse of time, provided it is based on a return decision that does not grant a period for voluntary departure; finally, it held that provisions relating to the voluntary departure period form an integral part of a return decision, and if found to be unlawful, the entire decision must be annulled.

01/08/2025

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

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Judgment

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Joined Cases C-636/23 and C-637/23

W, a Moroccan national who was refused international protection in Belgium, and X, an Algerian national who was residing illegally in Belgium without trying to legalise his stay, were each issued return decisions by the Belgian authorities without being granted time for voluntary departure. Both were also subjected to entry bans. Their refusals were justified on the grounds of risks of absconding and in particular for W, threats to public policy and national security. Both applicants...

Italy

IT: The Justice of the Peace did not validate the detention of the applicant at the CPR, who presented with visible injuries, because no psychiatric evaluation had been conducted, and it was not possible to definitively exclude the presence of psychiatric conditions, rendering the applicant unfit for detention.

31/07/2025

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IT: Justices of the Peace [giudice di pace]

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Judgment

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RG 27730-25

On 29 July 2025, the Quaestor of Rimini ordered that, since immediate refoulement or escort to the border was not possible, the applicant be detained for the strictly necessary time at the Pre-Removal Centre (Centro di Permanenza per il Rimpatrio, CPR) of Ponte Galeria, Rome. The Justice of the Peace of Rome was requested to validate the detention measure.

During the hearing before the Justice of the Peace, the applicant declared she had not been informed of the possibility to...

Italy

IT: The Justice of the Peace of Rome ordered the cessation of detention for a Togolese national held at the CPR in Gjader (Albania), ruling that his detention violated the fundamental right to health due to the absence of a required suitability assessment by the Italian public health service, especially given his serious medical condition and the absence of the Italian National Health Service at the detention centre in Albania.

30/07/2025

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IT: Justices of the Peace [giudice di pace]

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RG 26017/2025

The applicant, a national of Togo, entered Italy on 13 August 2011, and his application for international protection was rejected. On 19 March 2019, the Prefect of Siracusa issued an expulsion decree, and detention at the Pre-Repatriation Centre (Centro di Permanenza per il Rimpatrio, CPR) of Caltanissetta was ordered. He subsequently filed a further application for international protection, which the Territorial Commission of Siracusa declared inadmissible on 24 November 2022. The Tribunal...

Austria

AT: The Supreme Administrative Court annulled the decision of the Federal Administrative Court concerning a Kurdish national from Türkiye, ruling that the lower court insufficiently reasoned its decision and failed to conduct an overall assessment of the applicant’s individual circumstances, despite acknowledging his contact and work with the YPG, a potential negative attention from Turkish authorities due to links with the HDP, and a risk arising from refusal to perform military service, thereby undermining a proper credibility and risk evaluation.

30/07/2025

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AT: Supreme Administrative Court [Verwaltungsgerichtshof - VwGH]

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Decision

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Ra 2025/19/0091

A Turkish national member of the Kurdish ethnic group, applied for international protection in Austria on 17 March 2023. He claimed persecution for political reasons, citing his family’s oppositional political stance, , his involvement with the pro-Kurdish party Halkların Demokratik Partisi (HDP), and his refusal to perform military service. He claimed to have been victim of threats and beating by the Turkish secret services allegedly due to him fighting for...

Austria

AT: The Supreme Administrative Court annulled the decision of the Federal Administrative Court granting refugee status to a Syrian national, holding that the lower court failed to rely on up-to-date country of origin information and that refusal to perform military service, or residing abroad without having performed it, could not automatically be considered to constitute political opposition to the Syrian regime.

29/07/2025

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AT: Supreme Administrative Court [Verwaltungsgerichtshof - VwGH]

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Judgment

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Ra 2024/18/0437

A Syrian national from Manbij requested international protection in Austria on 15 February 2022, arguing that he had left Syria because of the war, that the Kurds and the Syrian regime had tried to recruit him, and that he wished to remain neutral and uninvolved in politics. On 10 October 2022, the Federal Office for Immigration and Asylum (BFA) rejected granting refugee status but granted him subsidiary protection and a one-year residence permit. The applicant...

Italy

IT: The Tribunal of Rome ordered the immediate release of the applicant detained in the CPR of Gjader (Albania), finding that the detention violated his fundamental right to health due to the inadequate care of his psychiatric condition, including treatment without a formal diagnosis and off-label drug administered without informed consent.

25/07/2025

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IT: Civil Court [Tribunale]

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Interim Measures

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RG 33697/2025

The applicant entered Italy in 2016 and requested international protection. The Territorial Commission of Florence rejected his application in 2018. On 22 April 2022, the Prefect of Vercelli issued a removal order, and the applicant was detained at the Pre-Removal Centre (Centro di Permanenza per il Rimpatrio, CPR) of Turin the same day. The Justice of the Peace validated the detention on 23 April 2025. On 9 May 2025, he was transferred to the CPR in Gjader, Albania, where he submitted a...

Germany

DE: The Regional Administrative Court of Bremen rejected a request for suspensive effect of a deportation to Syria, ruling that the fall of the Assad regime led to a significant change in the actual circumstances in the applicant’s country of origin and that in the applicant’s region of origin (Hama), his life and physical integrity were not sufficiently likely to be threatened by indiscriminate violence, despite isolated attacks and riots the collapse of the regime.

25/07/2025

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DE: Regional Administrative Court [Verwaltungsgericht]

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Judgment

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3 V 1569/25

The applicant is an Arab and Sunni national of Syria who entered the Federal Republic of Germany on 20 September 2015 and requested international protection. Following an accelerated procedure, the applicant was granted refugee status by decision of 15 December 2015. By decision of 10 December 2018, the Federal Office for Migration and Refugees (BAMF) revoked the refugee status granted to the applicant and found that the applicant was not granted subsidiary...