Asylum and Migration Law

Bulgaria offers sufficient reception conditions for asylum-seekers

Cour Administrative d’Appel de Nantes, 4ème chambre, 19/07/2016, 15NT03704, Inédit au recueil Lebon

In the present case, the Administrative Court of Appeal of Nantes (Cour administrative d’appel de Nantes) was required to rule over a violation of Regulation (EU) No 604/2013.
X, an Afghan national, entered illegally in France after having lodged an asylum application in Bulgaria. The Prefect of La Manche ordered the transfer of X to Bulgarian authorities responsible to examine his application. X challenged the prefectural decree before the Administrative court of Caen (Tribunal administratif de Caen). Having not succeeded, X lodged an appeal before the Administrative Court of Appeal of Nantes alleging a violation of Articles 3, 4 and 5 of Regulation (EU) No 604/2013.

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The French Court of Cassation has developed an extensive interpretation of the non-systematic nature of identity checks

Cour de cassation, civile, Chambre civile 1, 25 mai 2016, 15-50.065, Inédit

The present case concerned the rules regarding the identity check.
Mr. X., a Senegalese national, having been illegally in France, was placed in administrative detention as a result of an identity check carried out in Paris at the train station ‘‘gare de Lyon ‘‘by the department head of the brigade of railway networks, a judicial police officer. The latter had ordered identity checks for a period of four hours in order to verify the compliance with the retention of documents for transit and residence.

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The French Supreme Court: foreign nationals applying for child allowance should prove their regular entry, notably by providing the child’s medical certificate

Cour de cassation, Chambre civile 2, 7 mai 2015, 14-14.712, Inédit

The present case concerns the right to non-EU nationals to obtain family allowance.

An Egyptian national arrived in France. A few years later his wife and children joined him without complying with the official “family reunion” procedure. Consequently, they did not pass the medical exam organised by the French Direction for Immigration and they did not obtain the special medical certificate.

The wife applied for child allowances but the social administration refused them on the grounds that the children did not satisfy the requirements, notably the presentation the medical certificate issued by the French Immigration Service (Office national de l’immigration).
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The new country guidance in the UK on the risk on return for followers of the Sikh and Hindu religions in Afghanistan

TG and others (Afghan Sikhs persecuted) (CG) [2015] UKUT 595 (IAC) (3 November 2015)

This case is identified as a country guidance on the risk on return for followers of the Sikh and Hindu religions in Afghanistan where the essential questions are whether the current situation in Kabul is such that they would be at risk of persecution if removed per se according to Article 9 of Directive 2004/83/EC and the Convention Relating to the Status of Refugees (the Refugee Convention) and whether the rights stated in Article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR) would be violated if removed. Some members of the Sikh and Hindu communities continue to suffer harassment at the hands of Muslim zealots but not all of them are at risk in Afghanistan. Whether any form of discrimination amount to persecution such as to entitle an individual to a grant of international protection is fact sensitive, and will depend upon the individual’s particular characteristics, wealth and background.

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The Luxembourg Administrative court placed Kosovo in the ”safe countries” list disabling Kosovo nationals to seek asylum

Luxembourg, Cour Administrative, Arrêt n° 34778C, 02.10.2014

International protection – List of safe countries of origin – Republic of Kosovo – Safe country of origin

The Grand-Ducal regulation of 19 June 2013 amending the Grand-Ducal regulation of 21 December 2007 establishing a list of safe countries of origin within the meaning of the amended law of 5 May 2006 relating to the right of asylum and complementary forms of protection taken under Article 21 of the above-mentioned law and the notice of the Council of State of 4 June 2013, amended the Grand-Ducal regulation of 21 December 2007 by the addition, to Article 1, paragraph 1, of the Republic of Kosovo to the list of safe countries of origin. Several persons of Kosovan origin introduced an action for annulment of this regulatory act.

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