ECtHR M.K. and Others v. France: violation of Article 6(1) for failure to comply with interim measures ordering emergency accommodation

8 Dec 2022 | News

On 8 December 2022, the European Court of Human Rights (ECtHR) ruled in M.K. and Others v. France (applications nos. 34349/18, 34638/18 and 35047/18). The case concerned asylum-seekers that had no accommodation at the time an Administrative Court granted them interim...

Sweden: Updated legal position on the protection needs of Afghan nationals and general recognition of the persecution of women and girls in Afghanistan

6 Dec 2022 | News

On 6 December 2022, the Swedish Migration Agency updated its legal position on the assessment of the need of protection for Afghan nationals, in particular regarding the situation of women and girls. The Migration Agency acknowledged the gradual deterioration of the...

Germany: Administrative Court of Braunschweig ruled that return to Italy would expose a family to homelessness and to the systemic deficiencies in the Italian asylum system

1 Dec 2022 | News

On 1 December 2022, the Administrative Court of Braunschweig ruled in a case (278/22). It concerned an Iranian family, whose asylum application was to be transferred to Italy under the Dublin III Regulation. However, the family appealed this transfer decision on...

CJEU: Court ruled on the adequate transmission of the asylum file to ensure the effectiveness of the asylum applicant’s rights of defence and fair trial

1 Dec 2022 | News

On 1 December 2022, the Court of Justice of the European Union (CJEU) gave its ruling in BU v. Federal Republic of Germany (Case C-564/21). The case concerned the rejection of an application for international protection in the main proceedings and the subsequent...

Spain: The Supreme Court recognized the right to reside and to work of asylum seekers while their judicial appeal is pending

29 Nov 2022 | News

On 29 November 2022, the Spanish Supreme Court gave a ruling (judgment no. 1582/2022) on the interim request of an asylum-seeker to maintain the benefits received during the asylum proceedings, particularly, the right to reside and work in Spain, also during the...

Switzerland: The Federal Administrative Court addressed the strict application of the waiting period for family reunification in Switzerland and aligned its case law with the ECtHR judgment in M.A. v Denmark

24 Nov 2022 | News

On 24 November 2022, the Swiss Federal Administrative Court (TAF) gave its judgment (F-2739/2022) regarding the request for family reunification of an Eritrean national with his wife and child. This request was initially rejected on grounds that the three-year period...