CJEU: The reflection period provided for victims of human trafficking can apply to asylum seekers and should also halt a Dublin transfer

20 Oct 2022 | News

On 20 October, the Court of Justice of the EU gave a judgment in O.T.E v Staatssecretaris van Justitie en Veiligheid (case C-66/21). The case concerned a Nigerian national who applied for asylum in the Netherlands after several applications in Italy and who reported...

ECtHR M.T. and Others v. Sweden: No violation of the Convention for a three-year temporary suspension for family reunification with a beneficiary of subsidiary protection

20 Oct 2022 | News

On 20 October 2022, the European Court of Human Rights (ECtHR) gave a judgment in the case M.T. and Others v. Sweden (Application no. 22105/18). The case concerned the Swedish authorities’ refusal to grant residence permits to a mother and her son who were in Syria...

CJEU: Returns Directive does not preclude legislation in which a right to stay entails the implicit withdrawal of a return decision

20 Oct 2022 | News

On 20 October 2022, the Court of Justice of the European Union (CJEU) delivered its judgment of UP (case C-825/21), concerning a Congolese asylum seeker whose international protection claim and request for a residence permit on medical grounds were both rejected by...

ECtHR T.Z. and Others v. Poland: Court found a violation of Article 3 ECHR and Article 4 Protocol 4 ECHR due to the collective expulsion to Belarus and the serious risk of chain refoulement and ill-treatment

13 Oct 2022 | News

On 13 October 2022, the European Court of Human Rights (ECtHR) ruled on the case T.Z. and Others v. Poland (application no. 41764/17). The applicants were a Russian family of Chechen origin, whose examination of their requests for international protection was refused...

Belgium: The Council for Alien Law Litigation recognised the refugee status of an Afghan national with Hazara ethnicity due to cumulative reasons

13 Oct 2022 | News

On 13 October 2022, the Council for Alien Law Litigation (CCE or RvV) gave a ruling and recognised the refugee status of an Afghan citizen of Hazara origin (case no. 278 700). In its reasoning, the Council acknowledged that individuals of Hazara origin can be victims...

Belgium: The Council for Alien Law Litigation recognized the refugee status to an Afghan national due to the risk of persecution on grounds of the attributed political views and due to his assimilation of Western values

12 Oct 2022 | News

On 12 October 2022, the Council for Alien Law Litigation ruled in a case (no. 278 653) concerning the international protection application of an Afghan national that arrived in Belgium as a minor and had been living there for more than six years. In the assessment of...