Iraq

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 | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Iraq

(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 | Topic(s): Refugee status determination (RSD) / Asylum procedures | Countries: Austria - Iraq

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

25 April 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Family reunification - Refugee status determination (RSD) / Asylum procedures - Right to family life - Visas | Countries: Iraq - Kuwait - United Kingdom of Great Britain and Northern Ireland

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

22 July 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Citizenship / Nationality law - Denial of nationality - Discrimination based on race, nationality, ethnicity - Persecution of family members - Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Right to a nationality - Statelessness - Statelessness | Countries: Iraq - Kuwait - United Kingdom of Great Britain and Northern Ireland

24 June 2013 | Judicial Body: Finland: Supreme Administrative Court | Countries: Finland - Iran, Islamic Republic of - Iraq - Türkiye

2 April 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Racial / Ethnic persecution - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Returnees - Social group persecution - Statelessness - Statelessness Determination Procedures - Sunni | Countries: Australia - Iraq - Kuwait

Heard at Birmingham, 10 June 2008 and Field House, 23 January 2009. NH (Iraq-Yazidis) Iraq CG [2004] UKIAT 00306 is no longer to be followed.

2 December 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Armed forces / Military - Armed groups / Militias / Paramilitary forces / Resistance movements - Combatants / Former combatants - Country of origin information (COI) - International humanitarian law (IHL) / Geneva Conventions - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription - Non-state agents of persecution - Persecution based on political opinion - Refugee status determination (RSD) / Asylum procedures - Religious persecution (including forced conversion) - Right to life - Security situation - War crimes - Yazīdī | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland