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CJEU: The relevant domestic court and the applicant must have access to information on the basis of which an asylum decision will be made
On 29 January 2026, the Court of Justice of the European Union (CJEU) delivered its judgment in the case C-431/24 (Multan). The case arose from a request for a preliminary ruling by the District Court of The Hague, Netherlands (Rechtbank Den Haag, zittingsplaats Roermond) regarding the scope of access to information in an asylum applicant’s file under Article 23 (1) Directive 2013/32 on common procedures for granting and withdrawing international protection (the recast Asylum Procedures Directive (rAPD)).
The Court of Justice clarified that Article 23 (1) rAPD, read in conjunction with Article 46 thereof and Article 47 of the Charter of Fundamental Rights of the European Union, requires that both the applicant and the national court must be able to access information in the applicant’s file that is likely to be relevant for the proceedings. This includes supporting documents such as investigation reports prepared by the authorities of the host Member State concerning the applicant’s country of origin on which the rejection of international protection and the return decision are based, when they are relevant for: (i) the applicant to exercise his or her rights of defence, (ii) for the court to review compliance with Article 30 rAPD and, ultimately, (iii) to assess whether the principle of non-refoulement has been respected.
The Court recalled its case law and reiterated that, under Article 46(3) of Directive 2013/32/EU, national courts must conduct a full and ex nunc examination of both facts and points of law, including the manner in which investigations were carried out and the evidence considered by the determining authority, to ensure effective judicial review of decisions rejecting international protection. At the same time, the Court confirmed that the applicant’s right to a fair trial, as guaranteed by Article 47 of the Charter, reinforces this requirement. Access to the file is therefore essential for both the court’s assessment and the applicant’s rights of defence, although it may be limited in specific cases in line with Article 52(1) of the Charter.