Right to asylum

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 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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