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Germany – Federal Administrative Court, 11 July 2018, BVerwG 1 C 18.17
Country of applicant: Afghanistan
Keywords: Delay, Effective remedy (right to), Personal interview, Procedural guarantees

The Federal Administrative Court has to clarify whether the petition for action directed solely at the obligation to decide on the asylum application is admissible. The question if it is also possible to directly oblige the defendant to grant international protection or to establish prohibitions on deportation by means of an action is not the subject of the decision. As a result, the court comes to the conclusion that there was a delay by the respondent of providing the decision on the asylum application without sufficient reason and that the plaintiff has a need for legal protection for its action for failure to act.

Date of decision: 11-07-2018
Relevant International and European Legislation: Art 39.1,Art 4,Art 17,Recital 11,Art 2,Art 2 (e),Art 14.2,Art 13,Recital 13,Art 12.2,Article 47,Recital (18),Recital (25),Article 2,Article 4,Article 14,Article 15,Article 17,Article 31,Article 46,Article 51,Recital 10,Art 4.3,Art 12.4,Art 13.1,Art 13.2,Art 13.3,Art 17.4 (b),Art 23.2 (b),Article 4
Ireland - K.K. (a minor) v. Refugee Appeal Tribunal & Anor. [2015 No. 2013 87 JR]
Country of applicant: Congo (DRC)
Keywords: Assessment of facts and circumstances, Best interest of the child, Country of origin information, Credibility assessment, Individual assessment, Refugee Status, Membership of a particular social group, Child Specific Considerations, Obligation to give reasons

This case examined the denial of a minor’s application for asylum which was decided primarily on the failure of his mother’s application. The Refugee Appeals Tribunal did not consider Country of Origin Information (COI) from the child’s perspective. Furthermore, clear reasons were not given for the refusal decision. The High Court granted leave and quashed the Refugee Appeals Tribunals decision to deny refugee status to the child. The Court also held that the best interests of the child should be a primary consideration of the Tribunal both with regard to the procedure and substantive consideration of appeal. 

Date of decision: 17-09-2015
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,Art 39,Art 2,Art 2 (e)
Ireland - High Court, S.U.N. v Refugee Applications Commissioner & ors [2012] IEHC 338
Country of applicant: South Africa

The High Court held that in a case where a negative recommendation in a first instance application for asylum was based exclusively or primarily upon a finding of a personal lack of credibility, there is an obligation to allow an oral appeal in order to provide an "effective remedy," in the sense of Article 39 of the Asylum Procedures Directive, notwithstanding that the Applicant is from a “safe country” and the legislation allows for limiting an Applicant to a written appeal only in those circumstances. For the same reasons, to allow an oral appeal is also required by the right to fair procedures contained in Article 40.3 of the Constitution of Ireland.

Date of decision: 30-03-2012
Relevant International and European Legislation: Art 2 (e),Art 30,Art 3,Recital 27,Recital 21,Art 15.3,Art 39.3,Annex II,Article 13
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
Keywords: Effective access to procedures, Subsidiary Protection

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)