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)
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)