CJEU: AG Opinion concludes that Member States are required to cooperate actively to obtain necessary evidence for a protection application and cannot decide incredibility based on a false statement which has been retracted

16 Feb 2023 | News

On the 16th February 2023, the CJEU published an Opinion in respect of case C-756/21. The case concerned a Pakistani national who unsuccessfully applied for international protection in Ireland, firstly on the basis of a false statement which he retracted on his first...

CJEU: National law may oblige a Member State to examine an asylum claim on the basis of its discretionary power if this is in the best interests of the child

16 Feb 2023 | News

On the 16th of February 2023, the Court of Justice of the European Union (CJEU) delivered its preliminary ruling in the case Staatssecretaris van Justitie en Veiligheid, C-745/21. The case concerned a Syrian woman who applied for asylum in the Netherlands after which...

CJEU: Court rules that best interests of the child and the right to family life must be protected in return proceedings regarding a minor

15 Feb 2023 | News

On 15th of February 2023, the Court of Justice of the EU (CJEU) ruled in respect of C-484/22, GS. The case concerned a minor from Nigeria who lived in Germany with his parents and siblings either on the basis of a “tolerated” stay or a decision that they could not be...

CAT: Committee broadly interprets admissibility but rules that deportation to Iran does not breach the non-refoulement principle

14 Feb 2023 | News

On the 14th of February 2023, the Committee Against Torture (CAT) ruled in its communication no. 949/2019. The case concerned an Iranian national who faces deportation to Iran after his asylum application was rejected in Sweden. The applicant was allegedly baptised in...

Bulgaria: Supreme Administrative Court overrules Bulgarian order not to provide food to Ukrainians with temporary protection

13 Feb 2023 | News

n the 13th of February 2023, the Supreme Administrative Court ruled in the case no 1516. The case concerns an order of the Council of Ministers terminating the provision of food to temporary protection beneficiaries who fled Ukraine and are residing in reception...

ECtHR: Poland violated Article 5 ECHR by detaining children and failing to provide a remedy

9 Feb 2023 | News

On the 9th of February 2023, the ECtHR ruled in its judgment R.M. and Others v. Poland, no. 11247/18. The case concerned, RM and her three children, who were detained for seven months after their removal to Poland pending their deportation to Russia. Following the...