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...

CJEU: Third-country national suffering from a serious illness cannot be the subject of a return decision if there is a real risk of an intense increase in the pain

22 Nov 2022 | News

On 22 November 2022, the Court of Justice of the EU (CJEU) ruled in X v. Staatssecretaris van Justitie en Veiligheid (Case C‑69/21). The case concerned the return of a third-country national that would result in the discontinuation of the pain-relief treatment of a...

CJEU: Unaccompanied minor does not need to be unmarried to be the sponsor and enjoy the right to family reunification with the relatives in the direct ascending line

17 Nov 2022 | News

On 17 November 2022, the Court of Justice of the EU (CJEU) gave its preliminary ruling (Case C‑230/21) concerning the interpretation of the Family Reunification Directive 2003/86/EC to clarify whether a refugee who is an ‘unaccompanied minor’ and who resides in a...