Case summaries
Ireland - High Court, 6 October 2011, S.L. v Minister for Justice Law Reform, Ireland and the Attorney General, [2011] IEHC 370
Country of applicant:
Unknown
The Procedures Directive does not apply to subsidiary protection decisions when a Member State, such as Ireland, does not have a unified asylum procedure.
Date of decision:
06-10-2011
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 8.2,Art 2 (d),Art 2 (e),Art 4.1,Art 9,Annex I,Art 3.1,Art 3.3,Art 3.4,Art 2 (b)
Netherlands - ABRvS, 4 October 2011, 201102753/1/V3
Keywords:
Effective access to procedures, Detention, Procedural guarantees, Responsibility for examining application
Right to remain arises the moment an alien indicates he would like to be granted asylum. This means that an alien, from that time onwards, cannot be refused access to the territory; he may be refused only 'further access', in other words 'actual further entry' to the territory.
Date of decision:
04-10-2011
Relevant International and European Legislation:
Art 35,Art 2 (k),Art 7.1,Art 2 (b),Art 2 (c),(b),(c)
Sweden - Migration Court of Appeal, 3 December 2009, UM 4081-09
Country of applicant:
Afghanistan
Keywords:
Procedural guarantees, Subsequent application
If re-examination of a case under the Aliens Act Chapter 12 Section 19 (provides for re-examination of a claim on the presentation of information supporting a need for international protection) has been granted, the Migration Board cannot deny a residence permit without an oral healing having been held.
Date of decision:
03-12-2009
Relevant International and European Legislation:
Art 12.1,Art 32.3,Art 32.4,Art 2 (b),Art 12.2 (c),Art 32.2 (b)