The Charter and the Dublin Regulations — case scenarios

Non-refoulement?

Case study based on CJEU case N.S. and M. E. (C-411/10 t C- 493/10)

To be used in the context of safe country.

Case Study
Instruction for trainers

Dublin? Transfer?

Case study based on the case of the CJEU C-394/12, Shamso Abdullahi v Bundesasylamt.

To be used when discussing the criterion of Article 10(1) for determining the responsibility for examining an asylum application under Regulation 343/2003

Case Study
Instruction for trainers

Transfer under Dublin regulation

Case study based on the case of the CJEU: C- 578/16 PPU, C. K., H. F., A. S. v Republika Slovenija.

Issues that can be addressed by working with this case:

• applicability of the Charter in transfers of the applicants to the Member State responsible for examining their asylum application (Dublin transfers),
• factors affecting the obligation to transfer an asylum seeker under the Dublin III regulation

Case Study
Instruction for trainers

Discretionary clause

Case study based on CJEU case C. K., H. F., A. S., C‑578/16 PPU

To be used in discussing what constitutes inhuman and/or degrading treatment within the meaning of Article 4 of the Charter in the context of a transfer of asylum seekers

Case Study
Instruction for trainers

Transfer under Dublin III regulation — appeal procedures

Case study based on the case of the CJEU: Majid Shiri, C-201/16

Issue that can be addressed by working with this case:

• right to an effective remedy within Dublin procedures.

Dublin effective remedy:
Case Study
Instruction for trainers

Dublin transfers of unaccompanied minors

Case Study based on the case of the CJEU MA, BT, DA v. Secretary of State for the Home Department

Can be used for elaborating on questions related to:

• the Member State responsibilities for asylum procedures (Article 6 of Dublin Regulation 343/2003),
• the relevance of the best interest of the child in the light of Article 24 of the Charter.

Case Study
Instruction for trainers

The Charter and the Qualification Directive — case scenarios

Religious persecution as reason of granting international protection

Case study based on the joined cases of the CJEU: C-71/11, C-99/11, YZ

Issues that can be addressed by working with this case:

• freedom of the religion as enshrined in the Article 10 of the Charter in the context of asylum proceedings,
• qualification criteria in cases involving violation of the freedom of religion.

Religious Persecution:
Case Study
Instruction for trainers

Fear of persecution?

Case study based on the joined cases of the CJEU: X, Y, Z, C-199/12 to C-201/12

To be used in relation to Qualification Directive and the definition of a social group

Case Study
Instruction for trainers

Verifying sexual orientation of asylum seekers?

Case study based on the joined cases of the CJEU: A, B, C, C-148/13 to C-150/13

To be used in relation to verification of sexual orientation as a ground for asylum

Sexual orientation as a ground of asylum:
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Instruction for trainers

Removal of persons suffering from serious mental or physical illness

Case Study based on the case M.P. C-353/16

Can be used in order to illustrate the Court's case law in relation to the notion of serious harm under the Qualification Directive in the light of Article 4 of the Charter.

Serious Illness:
Case Study
Instruction for trainers

Confirming sexual orientation?

Case study based on CJEU case F., C-473/16

To be used in discussing the assessment of the facts and circumstances relating to a declared sexual orientation of an applicant.

Case Study
Instruction for trainers

The Charter and Procedural Requirements in Asylum Procedures — case scenarios

Accelerated proceedings and the right to effective remedy

Case study based on the case of the CJEU: C-69/10, Samba Diouf

Issue that can be addressed by working with this case:

• right to effective remedy in accelerated asylum proceedings.

Accelerated Proceedings:
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Instruction for trainers

Exclusion from being refugee under secret evidence

Case study based on the case of the CJEU: C-300/11, ZZ v Secretary of State for the Home Department

Issues that can be addressed by working with this case:

• right to be heard in asylum cases,
• procedural guarantees in migration cases based on secret evidence.

Secret Evidence:
Case Study
Instruction for trainers

The Charter and the Reception Conditions Directive — case scenario

Material reception conditions for applicants for international protection

Case study based on the case of the CJEU: C-79/13 Saciri

Issue that can be addressed by working with this case:

• period and quality of material reception conditions available for asylum seekers.

Reception Conditions:
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Instruction for trainers

The Charter and Detention of Migrants and Asylum Seekers — case scenarios

Detention of asylum seekers on grounds of national security and public order

Case Study based on the case of the CJEU J.N. v. Staatssecretaris van Veiligheid en Justitie, C-601/15

Issues that can be adressed by working with this case:

• Grounds of detention under the Reception Conditions Directive,
• Article 52 and the relationship between the Charter and the ECHR.

Public Order and Detention:
Case Study
Instruction for trainers

Restriction of liberty in asylum proceedings 1

Case study based on the case of the CJEU: K. v Staatssecretaris van Veiligheid en Justitie, C-18/16

Issues that can be addressed by working with this case:

• grounds of detention under the Reception Conditions Directive,
• applicability of the Charter to the asylum seekers detention cases.

Detention in asylum proceedings – Case Study I:
Case Study
Instruction for trainers

Restriction of liberty in asylum proceedings 2

Case study based on the case of the CJEU: C-60/16, Mohammad Khir Amyry v. Migrationsverket

Issue that can be addressed by working with this case:

• detention of asylum seekers under Dublin regulation.

Detention in asylum proceedings – Case Study II:
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Instruction for trainers

The Charter and other EU legislation relevant to the field of asylum — case scenarios

Humanitarian Visa

Case study based on the case C‑638/16 PPU

To be used when discussing the interpretation of Article 25(1) of the Visa Code (issue of humanitarian visa)

Case Study
Instruction for trainers

EU Turkey Statement

Case Study based on CJEU cases T-192/16, T-193/16 and T-257/16

To be used in discussing legal standing in relation to the Charter

Case Study
Instruction for trainers