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XY v Bundesamt für Fremdenwesen und Asyl Case C-18/20

preliminary ruling on interpretation of article 40 Directive 2013/32/EU on common procedures for granting and withdrawing international protection

9 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Iraq

Opinion of Advocate General Saugmandsgaard Øe in Case C‑18/20

(1) The concept of ‘new elements or findings [that] have arisen or have been presented by the applicant’, as used in Article 40(2) and (3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, must be interpreted as meaning that it also covers elements or findings which already existed before the procedure relating to a previous application for international protection was definitively concluded, but which were not relied on by the applicant in the context of that procedure. (2) Article 40(3) of Directive 2013/32 must be interpreted as meaning that the substantive examination of a subsequent application does not require a specific procedure, provided that the national procedure fulfils the requirements laid down in Chapter II of that directive. Article 42(2) of that directive, read in conjunction with Article 40(2) to (4) and Article 33(2)(d) thereof, must be interpreted as prohibiting the setting of time limits per se. (3) Article 40(4) of Directive 2013/32 must be interpreted as meaning that the condition relating to the absence of fault laid down therein cannot be applied in the context of an administrative procedure unless that condition is expressly laid down in national law in a manner that satisfies the requirements of legal certainty. It is for the referring court to verify whether this is the case here.

15 April 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Iraq

Background Note on Gender Equality, Nationality Laws and Statelessness 2021

5 March 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Iraq: Relevant Country of Origin Information to Assist with the Application of UNHCR's Country Guidance on Iraq: Ability of Persons Originating from Formerly ISIS-Held or Conflict-Affected Areas to Legally Access and Remain in Proposed Areas of Internal Relocation

11 January 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

Supreme Administrative Court decision of 25 November 2020 - KHO:2020:219

Having confirmed the FIS’s decision to cease subsidiary protection and to refuse residence permission, the Supreme Administrative Court upheld the decision to deport.

25 November 2020 | Judicial Body: Finland: Supreme Administrative Court | Document type: Case Law | Topic(s): Complementary forms of protection - Mental health - Residence permits / Residency | Countries: Finland - Iraq

Supreme Administrative Court decision of 22 September 2020 - KHO:2020:98

22 September 2020 | Judicial Body: Finland: Supreme Administrative Court | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Family reunification - Unaccompanied / Separated children | Countries: Finland - Iraq

Background Note on Gender Equality, Nationality Laws and Statelessness 2020

14 July 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Iraq: Law No. 2 of 2020: Second Amendment to the Law on Compensation of Victims of War Operations, Military Mistakes and Terrorist Operations

7 January 2020 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation

CASE OF Z.A. AND OTHERS v. RUSSIA (Applications nos. 61411/15, 61420/15, 61427/15 and 3028/16) (Grand Chamber)

The Court found in particular that Article 5 was applicable to the applicants’ case as their presence in the transit zone had not been voluntary; they had been left to their own devices for the entire period of their stay, which had lasted between five and 19 months depending on the applicant; there had been no realistic prospect of them being able to leave the zone; and the authorities had not adhered to the domestic legislation on the reception of asylum-seekers. Given the absence of a legal basis for their being confined to the transit zone, a situation made worse by them being impeded in accessing the asylum system, the Court concluded that there had been a violation of the applicants’ rights protected by Article 5 § 1. The conditions the applicants had lived in had also been appalling: they had had to sleep in the transit zone, a busy and constantly lit area, with no access to washing or cooking facilities. There had thus also been a breach of Article 3 as their treatment had been degrading.

21 November 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Airports - Arbitrary arrest and detention - Freedom from torture, inhuman and degrading treatment - Prison or detention conditions - Right to liberty and security - Transit | Countries: Iraq - Palestine, State of - Russian Federation - Somalia - Syrian Arab Republic

CASE OF N.A. v. FINLAND (Application no. 25244/18)

Art 2 • Art 3 • Expulsion • Sunni Muslim killed shortly after removal to Iraq where he had previously suffered life-threatening incidents • Inadequate assessment of risks with regard to tensions between Shia and Sunni Muslims

14 November 2019 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Topic(s): Expulsion - Freedom from torture, inhuman and degrading treatment - Non-refoulement - Right to life | Countries: Finland - Iraq

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