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CJEU - Milkiyas Addis v Bundesrepublik Deutschland, Case C-517/17, 16/07/2020
Country of applicant: Eritrea

The CJEU ruled that Articles 14 and 34 of the Recast Qualifications Directive must be interpreted as precluding national legislation which provides that a failure to comply with the obligation to give a personal interview to an international protection’s applicant, before a decision is adopted, would lead to that application to be inadmissible.

The CJEU further concluded that it could only be allowed if the legislation gives the opportunity to the international protection’s applicant, in the appeal procedure, to set out in person all of his or her arguments against the decision in a hearing which complies with the applicable conditions and fundamental guarantees, under Article 15 of that Directive. The last condition would be, according to the ruling of the CJEU, that those arguments are not capable of altering that decision.

Date of decision: 16-07-2020
Relevant International and European Legislation: Art 25.2 (a),Art 12.1,Art 25.2 (f),Art 1,Art 12.2 (c),Art 25.2 (c),Art 12.2,Article 4,Recital (16),Recital (18),Recital (22),Recital (29),Recital (32),Article 1,Article 2,Article 4,Article 12,Article 14,Article 15,Article 25,Article 33,Article 34,Article 46,Article 51,Article 52,Article 53,Article 54,Recital 16,Recital 18,Recital 22,Recital 29,Recital 32,Art 12.2 (a),Art 12.2 (b),Art 12.3,Art 12.4,Art 12.5,Art 12.6,Art 25.1,Art 25.2 (b),Art 25.2 (d),Art 25.2 (e),Art 25.2 (g),Article 3
Sweden - Migration Court of Appeal, 14 June 2013, UM 8090-12, MIG 2013:8
Country of applicant: Russia

Applications for leave to remain were rejected as the Applicant had already been granted refugee status in another EU state. No grounds supporting an examination of the asylum applications in Sweden emerged in the case.

Date of decision: 14-06-2013
Relevant International and European Legislation: Art 25.2 (a),Art 33,Art 21.1,Recital 2,Article 3,2.,Article 3
Ireland - High Court, 23 November 2010, S & Anor v Refugee Applications Commissioner & Anor 2010 IEHC 421
Country of applicant: Azerbaijan

This case concerned a decision of the Office of the Refugee Applications Commissioner to refuse to process the asylum applications of two nationals of Azerbaijan, with refugee status in Poland. The applicants claimed they were being watched by Azeri agents in Poland and felt unsafe there. The Court held that the applicants would have had to show that the Polish authorities were unwilling or unable to provide protection. In circumstances where they had not even reported their fears to the Polish authorities, the applications were bound to fail. The Minister had no jurisdiction to grant them refugee status pursuant to the provisions of section 17 (4) of the Refugee Act, 1996.

Date of decision: 23-11-2010
Relevant International and European Legislation: Art 7.2,Art 6 (c),Art 25.2 (a),Art 26 (a)