The “EUAA Quarterly Overview of Asylum Case Law” is based on a selection of cases from the EUAA Case Law Database, which contains summaries of decisions and judgments related to international protection pronounced by national courts of EU+ countries, the Court of Justice of the EU (CJEU) and the European Court of Human Rights (ECtHR). The database presents more extensive summaries of the cases than what is published in this quarterly overview.
Authors
- Catalogue number
- BZ-AM-24-002-EN-N
- Citation
- European Union Agency for Asylum, Quarterly overview of asylum case law. Issue no 2, June 2024 , Publications Office of the European Union, 2024, https://data.europa.eu/doi/10.2847/449315
- DOI
- https://data.europa.eu/doi/10.2847/449315
- ISBN
- 978-92-9410-275-1
- ISSN
- 2811-9606
- Pages
- 48
- Published in
- Belgium
- Themes
- Justice and home affairs
Table of Contents
- Contents 3
- Note 5
- List of abbreviations 6
- Main highlights 8
- Access to the asylum procedure 11
- ECtHR judgment on collective expulsion from Poland to Ukraine 11
- Temporary closure of borders 11
- Dublin procedure 12
- CJEU judgment on effective remedies against decisions adopted under the discretionary clause of Article 17(1) of the Dublin III Regulation 12
- Application of the discretionary clause 13
- Member State responsibility for failing to transfer the applicant within the deadlines under Article 29(2) of the Dublin III Regulation 14
- Obligation to provide information specifically on the Dublin procedure 14
- Dublin transfers to Belgium 15
- Dublin transfers to Croatia 15
- Dublin transfers to Romania 16
- Dublin transfers to Spain 16
- Dublin transfers to Lithuania 17
- First instance procedures 17
- Concept of minor and impact on the assessment of the asylum application 17
- Review of the safe countries of origin list 18
- Rebuttable presumption of a safe country of origin 18
- Safe country of origin: Senegal 19
- Designation of the UK as a safe third country 19
- Applications by Palestinians from Gaza 20
- New elements in subsequent applications 20
- Inadmissibility for lack of new elements 21
- Assessment of applications 22
- Referral for a preliminary ruling on Article 3 of the recast QD 22
- Membership of a particular ethnic group: Hazara 22
- Political opinion 23
- Military conscription: Syria 23
- Military service in reserve ranks: Syria 24
- Military service: Kazakhstan 25
- Military service and potential involvement in war crimes in the conflict in Ukraine 25
- Persecution based on religious beliefs 26
- Women as members of a particular social group: Victims of FGM/C 27
- Women as members of a particular social group: Westernised Iranian woman 28
- Women as members of a particular social group: Westernised Afghan woman 29
- Gender-based persecution: Cameroon 29
- Subsidiary protection: Central Sudan 30
- Subsidiary protection: Afghanistan 30
- Exclusion from international protection 31
- Reception 32
- ECtHR judgments on inadequate reception conditions 32
- Referral for preliminary ruling on withdrawal of reception conditions 33
- Appointment of a legal representative for an unaccompanied minor 33
- Reception conditions: Luxembourg 34
- Access to the labour market 34
- Detention 35
- ECtHR judgments on detention 35
- Threat to national security 36
- Detention pending a return 36
- Second instance procedure 37
- Fear of persecution related to a newborn child in a parent’s appeal 37
- Legal assistance on appeal 38
- Legal assistance for unaccompanied minors 39
- Content of protection 40
- Family reunification 40
- Revocation of a residence permit due to false information 41
- Temporary protection 41
- Referrals for a preliminary ruling on the extension of temporary protection for third-country nationals with a temporary residence permit in Ukraine 42
- No return and extension of temporary protection based on the optional provision. 43
- Statelessness 45
- Return 45
- Return of applicants with medical conditions 45
- ECtHR judgment on the return of applicants to Albania 46
- Return decision when country of origin cannot be determined. 46
- Returns to Algeria 47
