Asylum

The need for examination and assessment of the safety situation in Afghanistan before ordering the return of the person entitled to a subsidiary protection

Austrian Constitutional Court (Verfassungsgerichtshof) E2002/2014

The complaint of the claimant, an Afghan national, is exclusively against the non-recognition of his entitlement to a subsidiary protection (granted when there are real risks of possible violations of Article 2 and 3 of the ECHR or Protocols 6 and 13 of the ECHR) with respect to his home state Afghanistan and, in this connection, against the referral of the case back to the Federal Agency for Asylum for the examination of the admissibility of the order for return.

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The French Council of State used the humanitarian clause (Article 17 of the ”Dublin III” EU Regulation) and granted asylum to a Kosovo family

Conseil d’État, Juge des référés, 29/01/2015, 387329

The present case concerns the admission of foreign nationals seeking asylum.
A family originated from Kosovo arrived in France and lodged an application seeking asylum. French authorities found out that, a few months earlier, they have sought asylum in Hungry. According to the ”Dublin II” rule Hungry was the State competent to grant asylum. for this reason, the prefect of Aveyron (préfet de l’Aveyron) refused the right of residence to the family (decree from 12.11.14) and ordered their surrender to the Hungarian authorities (decree from 12.12.14). In order to secure the surrender, the prefect also ordered a house arrest. The family referred the matter to the Administrative court of Toulouse (Tribunal administratif de Toulouse) which suspended the litigated decree under interim procedure.
The Minister of Home Affairs lodged an appeal before the Supreme Court (Conseil d’Etat) which rejected the claim.

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