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UK - Supreme Court, 28 July 2010, R (on the application of ZO (Somalia) and others (Respondents) v Secretary of State for the Home department ( (Appellant) [2010] UKSC 36"
Country of applicant: Myanmar, Somalia

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. 

Date of decision: 28-07-2010
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 23.4 (h),Art 32,Art 34,Recital 15,Art 7.2,Art 24.1,Art 39.1 (c),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 6,Article 8,Article 10,1.,2.,2.,1.,Article 16,1.
Netherlands - District Court Haarlem, 3 March 2009, AWB 09 / 5250; AWB 09 / 5249; AWB 09/5529
Country of applicant: Sri Lanka

This case concerned the submission of evidence for a subsequent asylum application where that evidence could have been submitted in support of the initial application.

It was held that since the applicant could already have produced that evidence in his initial asylum application, the reliance on that evidence could not now be considered as evidence relating to new facts and circumstances that could be relied upon to successfully substantiate a subsequent asylum application. Further, the domestic provision of Art 4:6 of the General Administrative Law Act was not found to be contrary to Art 32 and 34 of the Procedures Directive.

Date of decision: 03-03-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 15 (c),Art 32,Art 34