Case summaries
Czech Republic - Supreme Administrative Court, 6 March 2013, J. J. v. Ministry of the Interior, 3 Azs 6/2011-96
Country of applicant:
Nigeria
Keywords:
Assessment of facts and circumstances, Non-refoulement, Subsequent application, Inadmissible application
If a subsequent application for international protection is submitted, the administrative authority must evaluate whether the applicant has presented any new facts that, through no fault of the applicant, had not been the subject of examination in the previous proceeding. Otherwise, the application is inadmissible and the proceedings must be stopped.
Date of decision:
06-03-2012
Relevant International and European Legislation:
Art 9.2,Art 3.3,Art 23.4 (h),Art 25.2 (f),Art 32.3,Art 33,Art 32.1
Czech Republic – Supreme Administrative Court, 23 June 2010, A.B. v. Ministry of Interior, 4 Azs 16/2010-47
Country of applicant:
Algeria
Keywords:
Non-refoulement, Serious harm, Subsequent application, Subsidiary Protection, Inadmissible application
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.
Date of decision:
23-06-2010
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,Art 25.2 (f),Art 32.3,Art 32.1,Art 32.4