Last Updated: Tuesday, 11 December 2018, 09:02 GMT

Case Law

Case Law includes national and international jurisprudential decisions. Administrative bodies and tribunals are included.
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Adil Hassan v Préfet du Pas-de-Calais (Case C‑647/16) Reference for a preliminary ruling

Article 26(1) of Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person must be interpreted as precluding a Member State that has submitted, to another Member State which it considers to be responsible for the examination of an application for international protection pursuant to the criteria laid down by that regulation, a request to take charge of or take back a person referred to in Article 18(1) of that regulation from adopting a transfer decision and notifying it to that person before the requested Member State has given its explicit or implicit agreement to that request.

31 May 2018 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: France - Germany - Iraq

CASE OF BISTIEVA AND OTHERS v. POLAND (Application no. 75157/14)

violation of article 8 - child’s best interests cannot be confined to keeping the family together - detention is mesure of last resort -consideration should be given to alternative measures - detention of minors called for greater speed and diligence on the part of the authorities

10 April 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Arbitrary arrest and detention - Right to family life | Countries: Germany - Poland - Russian Federation

CASE OF EJIMSON v. GERMANY (Application no. 58681/12)

in a case which concerns family life as well as immigration, the extent of a State’s obligations will vary according to the particular circumstances of the persons involved and the general interest.

1 March 2018 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Expulsion - Rejected asylum-seekers - Residence permits / Residency - Right to family life | Countries: Germany - Nigeria

12 L 4591 / 17.A

10 November 2017 | Judicial Body: Germany: Verwaltungsgericht | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Burden-sharing and international co-operation - Deportation / Forcible return - Freedom from torture, inhuman and degrading treatment - Immigration Detention - Reception | Countries: Germany - Greece

2 BvR 1758/17

11 October 2017 | Judicial Body: Germany: Bundesverfassungsgericht | Topic(s): Complementary forms of protection - Family reunification - Residence permits / Residency - Visas | Countries: Germany - Syrian Arab Republic

Tsegezab Mengesteab v Bundesrepublik Deutschland

26 July 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Asylum policy - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures | Countries: Eritrea - Germany

Flüchtlingsanerkennung für palästinensische Personen aus Syrien und wegen Wehrdienstentziehung

28 June 2017 | Judicial Body: Germany: Verwaltungsgericht | Legal Instrument: 1951 Refugee Convention | Topic(s): Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Palestinian - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Torture | Countries: Germany - Palestine, State of

Daher Muse Ahmed v Bundesrepublik Deutschland

5 April 2017 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Asylum policy - Complementary forms of protection - Deportation / Forcible return - Refugee / Asylum law - Refugee status determination (RSD) / Asylum procedures | Countries: Germany

OVG 3 S 106.16

22 December 2016 | Judicial Body: Germany: Oberverwaltungsgericht | Topic(s): Family reunification - Residence permits / Residency | Countries: Germany - Iraq

OVG 3 S 106.16

22 December 2016 | Judicial Body: Germany: Oberverwaltungsgericht | Topic(s): Family reunification - Refugee / Asylum law | Countries: Germany

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