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Italy - Catania Court, 28 January 2010, No. RG 6176/2009
Country of applicant: Ivory Coast
Keywords: Effective remedy (right to), Legal assistance / Legal representation / Legal aid, More favourable provisions

For the purposes of access to legal cover for persons applying for international protection, documents issued by the Italian police certifying a person’s identity (residence permit) should be considered as being valid and wholly sufficient to identify the foreigner and, in consequence, to provide legal aid at the State’s expense, regardless of the precise particulars in the country of origin.

Date of decision: 28-01-2010
Relevant International and European Legislation: Art 39,Art 22
France - Council of State, 31 December 2009, Mr. A et Ms. C., n°334865
Keywords: Responsibility for examining application, Request that charge be taken, Dublin Transfer

After the expiry of the six months’ time limit for transfer, the responsibility for examining the applications for asylum lies with the Member State in which these applications were lodged. This Member State shall examine the applications in accordance with national asylum law.

Date of decision: 31-12-2009
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 2,Article 3,Article 13,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 19,Article 20
Czech Republic – Constitutional Court, 1 December 2009, Pl. ÚS 17/09
Country of applicant: Ukraine
Keywords: Effective remedy (right to), Manifestly unfounded application

A time limit of seven days to submit an appeal against the decision on a manifestly unfounded asylum claim is too short to ensure an effective remedy.

Date of decision: 01-12-2009
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 28,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 13
Netherlands - District Court Amsterdam, 7 August 2009, AWB 08/8710
Country of applicant: Afghanistan
Keywords: Effective remedy (right to), Serious harm, Subsidiary Protection

It is in violation of Art 13 of the ECHR (Right to an Effective Remedy) in conjunction with Art 3 of the ECHR (Prohibition of Torture) that the applicant may not await the court’s decision on his request for a temporary injunction against his expulsion in the Netherlands, even though he has an arguable claim under Art 3 of the ECHR. Further that Art 39 of the Procedures Directive is not correctly implemented in Dutch law.

Date of decision: 07-08-2009
Relevant International and European Legislation: 1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 1F,Art 2 (k),Art 7.1,Art 39.3 (b),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,(c),1.,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13
ECtHR - K.R.S. v the United Kingdom, Application no. 32733/08 (decision on admissibility), 2 December 2008
Country of applicant: Iran
Keywords: Effective remedy (right to), Non-refoulement, Safe third country, Responsibility for examining application, Dublin Transfer, Request to take back

The applicant challenged his transfer to Greece from the UK under the Dublin II Regulation, on the basis that the situation for asylum seekers in Greece would lead to a violation of Article 3 ECHR. The Court declared the application manifestly ill-founded and therefore inadmissible, as it was presumed that Greece would comply with its obligations and would not refoule him to his county of origin Iraq. 

Date of decision: 02-12-2008
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 10,Art 9,Art 12,Art 15,Art 7,European Union Law,Art 21,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,Article 3,2.,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13,Article 34
Greece - Council of State, 15 November 2005, Application No. 815/2006
Country of applicant: Iran
Keywords: Effective remedy (right to), Procedural guarantees

Within the meaning of the provisions of Article 2(1) and Article 3 para. 1, 4, 5, 7 and 8 of Presidential Decree 61/1999, for an appeal brought against an initial negative decision to be rejected for being out of time, there is no requirement for there to have been a prior judgment by the Committee formed under Article 3(5) which – as is clear from the regulations concerning its composition and operation – is responsible for considering the substantive conditions for recognising refugee status to a foreigner.

Date of decision: 15-11-2005
Relevant International and European Legislation: Art 1A (2),Art 39,Art 4.1,Art 1A (1)