Case summaries
This case concerned whether the provisions of the Reception Conditions Directive apply to subsequent asylum applications (fresh claims) as with initial claims for asylum. It was confirmed that that the provisions do apply.
The case involves consideration by the Supreme Court of Ireland of whether or not the Minister for Justice has a discretion to consider an application for subsidiary protection from a person who has a deportation order made prior to the 20.10.2006, the date on which the law transposing the Qualification Directive came in to effect in Ireland. The Court overturned a decision of the High Court and stated that the Minister for Justice does not have discretion to consider an application for subsidiary protection from a person with a deportation order prior to the 20.10.2006.
The court confirmed in this case that the assessment framework of Art 4:6 of the General Administrative Law Act, in relation to subsequent asylum applications, is in conformity with the Asylum Procedures Directive.
Even if the conditions for considering a subsequent application as inadmissible are fulfilled, the Ministry of Interior is still obliged to consider whether the applicant is in danger of serious harm upon return to his or her country of origin.
The applicant could not provide sufficient proof of her claims that she had been subject to honour-related violence. The information was not found credible and did not constitute a permanent impediment for the enforcement of an expulsion order.
Documents that only serve to prove facts and situations that have been invoked in earlier procedures and/or to refute the reasons for rejection in earlier decisions, are not new elements within the meaning of Art 51/8 of the Belgian Aliens Law (please see comments section below).
(1) be new, i.e. not have been subject to examination in an earlier procedure;
- Refugee status was recognised because of a risk of persecution in case of return to Vietnam due to “exposed” political activities in exile.
- Recognition as a refugee was not excluded by Section 28 (2) of the Asylum Procedure Act. Contrary to the case law of the Federal Administrative Court, political activities in exile do not constitute “circumstances which the applicant has created by his own decision” within the meaning of Art. 5.3 of the Qualification Directive , but fall under Art. 5.2. Therefore, Member States have no competence to regulate the meaning of such "activities" by applying Art 5.3. This is also demonstrated in the differentiation in Art. 4.3 (c) and (d). Art. 5 (2) of the Qualification Directive which essentially corresponds with the new Section 28 (1a) of the Asylum Procedure Act, although the term "activities" has not been adopted in the latter provision.
Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.
Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.