Adjudication of asylum claims (refugee status determination / asylum procedures) / Refugee status determination (RSD) / Asylum procedures
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OPINION OF ADVOCATE GENERAL PIKAMÄE, in Case C‑483/20 XXXX
v Commissaire général aux réfugiés et aux apatrides (Request for a preliminary ruling from the Conseil d'État (Belgium))
1. Migratory journeys are often the result of a combination of two elements: chance and necessity. In the case before the Court, a Syrian national, after travelling through Libya and Turkey, arrived in Austria, where, out of necessity, he lodged an application for international protection. After obtaining refugee status, he went to Belgium to be reunited with his two children, one of whom is a minor, and there lodged a new application for international protection, which was declared inadmissible in view of the prior recognition granted in the first Member State. 2. It is against that background that the question arises, to my knowledge for the first time, whether, in particular, the fundamental right to respect for family life enshrined in Article 7 of the Charter of Fundamental Rights of the European Union (‘the Charter’), read in conjunction with the obligation to take into consideration the child’s best interests set out in Article 24(2) of the Charter, can override the inadmissibility mechanism for applications for international protection laid down in Article 33(2)(a) of Directive 2013/32/EU. (2) 30 September 2021 | 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 - Right to family life | Countries: Austria - Belgium - Syrian Arab Republic |
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AFFAIRE M.A. c. BELGIQUE (Requête no 19656/18)
The case concerned the applicant’s removal to Sudan by the Belgian authorities in spite of a court decision ordering the suspension of the measure. The Court found in particular that on account of procedural defects attributable to the Belgian authorities prior to the applicant’s removal to Sudan, he had been prevented from pursuing the asylum application that he had lodged in Belgium and the Belgian authorities had not sufficiently assessed the real risks that he faced in Sudan. In addition, by deporting the applicant in spite of the court order to suspend the measure, the authorities had rendered ineffective the applicant’s successful appeal. 27 October 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Deportation / Forcible return - Effective remedy - Refugee status determination (RSD) / Asylum procedures - Suspensive effect | Countries: Belgium - Sudan |
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Arrêt n° 205 104
8 June 2018 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Legal Instrument: 2013 Dublin III Regulation (EU) | Topic(s): Reception - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Greece - Palestine, State of |
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M.D. et M.A. c. Belgique
19 January 2016 | Judicial Body: Council of Europe: European Court of Human Rights | Topic(s): Chechen - Freedom from torture, inhuman and degrading treatment - Opposition - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Russian Federation |
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Arrêt n° 144 188
27 April 2015 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Access to procedures - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Regional instruments | Countries: Belgium - Iraq - Italy |
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Mohamed M'Bodj v État belge
18 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Complementary forms of protection - Freedom from torture, inhuman and degrading treatment - Refugee status determination (RSD) / Asylum procedures - Regional instruments - Right to health | Countries: Belgium - Mauritania |
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Arrest nr. 122 129
4 April 2014 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): 1951 Refugee Convention - Internal armed conflict - Refugee status determination (RSD) / Asylum procedures | Countries: Belgium - Syrian Arab Republic |
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Arrêt n° 45 396
24 June 2010 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Refugee status determination (RSD) / Asylum procedures - Statelessness - Statelessness | Countries: Belgium |
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Arrêt n° 22 144
28 January 2009 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Topic(s): Criminal justice - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Statelessness - Tatars - Unlawful departure | Countries: Belgium - Uzbekistan |
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A.M.M. c. Procureur Général près de la Cour d'appel de Bruxelles
22 January 2009 | Judicial Body: Belgium: Cour de cassation | Topic(s): Palestinian - Refugee status determination (RSD) / Asylum procedures - Refugees - Statelessness - Statelessness - Treaties / Agreements / Charters / Protocols / Conventions / Declarations | Countries: Belgium - Lebanon - Palestine, State of |
