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Greece - Administrative Court of Appeal of Piraeus, 56/2016
Country of applicant: Syria
Keywords: Persecution (acts of), Safe third country, Religion

The Court of Appeal rejected a request rebutting the presumption of Turkey as a safe third country for a Syrian national of Armenian origin who resided there for one year and held a work permit, on the ground that general references to human rights violations and deficiencies in Turkey’s asylum system did not suffice to establish a real and individualised risk of persecution or indirect refoulement to Syria.

Date of decision: 30-09-2016
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 33,Art 38,Art 33,European Union Law,International Law,Council of Europe Instruments,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 9,Article 15,UN Convention against Torture
Ireland - High Court, 11 January 2012, P.I., E.I. (An Infant) and J.N.I. (An Infant) v Minister for Justice and Equality, [2012] IEHC 7
Country of applicant: Unknown
Keywords: Effective access to procedures, Effective remedy (right to), Right to remain pending a decision (Suspensive effect)

This was an application for an interim injunction preventing the removal of the applicants pending the outcome of their application for leave to apply for judicial review.  The underlying leave application raised several different points, of these, one was deemed arguable: that Ireland’s deportation regime involving a lifetime ban on re-entry is contrary to the ECHR and Irish Constitution.

Date of decision: 11-01-2012
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 4.1,Art 39,Annex I,Art 3.3,Art 32,Art 34,Art 33,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Art 8.2
Ireland - High Court, 13 December, J.K. (Uganda) v Minister for Justice and Equality, [2011] IEHC 473
Country of applicant: Uganda
Keywords: Credibility assessment, Subsequent application, Sexual orientation

The applicant was not permitted to raise a new ground of claim based on her asserted homosexuality, when she had had numerous opportunities to raise this ground of claim earlier.  The applicant was however granted leave to apply for judicial review, upon the Judge noting a factual error that had tainted the State’s earlier credibility assessment. 

Date of decision: 13-12-2011
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 32,Art 34,Art 33
UK - Court of Appeal, 23 January 2003, FP (Iran) & MB (Libya) v Secretary of state for the Home Department, [2007] EWCA Civ 13
Country of applicant: Iran, Libya
Keywords: Procedural guarantees
Fairness requires that an applicant in a protection claim is not bound by the procedural error of his legal representative. Procedural rules should not result in unfairness to asylum seekers.
Date of decision: 23-01-2003
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 33,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 6