Case summaries

This case concerned the treatment of evidence from unaccompanied minors. The applicant was an unaccompanied minor from Afghanistan. He claimed asylum on the basis of a fear of persecution both by the Taliban and the Afghan government. The Refugee Appeals Tribunal refused his refugee appeal on the grounds that the applicant was not credible and that his claim was not objectively well-founded. The Court found that the Tribunal Member had engaged in impermissible speculation and conjecture in relation to the applicant’s prospect of State protection in Afghanistan, that the Tribunal Member had imputed expectations to the applicant without any consideration of the applicant’s level of maturity at the time, and that the Tribunal Member had failed to consider whether the applicant’s fears in relation to the Taliban were realistic having regard to his age, maturity and the particular circumstances in Northern Afghanistan.

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.

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.

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.

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.

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. 

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.