Case summaries
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.
The contested judgment is unconstitutional as it does not provide a clear way of assessing the jurisdiction of the third country when dealing with the application. It also reveals that the situation of the Applicant for international protection is unclear in the event that the application is rejected by the third country and the Applicant is not allowed to enter its territory, and shows that it is unclear as to what the Applicant can contest in this procedure.
An efficient legal system that would stop the extradition to a country in which the Applicant could be exposed to inhuman treatment has to have suspensive effect.
This case concerns a child asylum applicant who had his appeal against refusal of asylum considered after he had turned 18, and thus had become an adult. He complained that this breached Article 39 of the Procedures Directive (effective remedy).
In a challenge to a decision to refuse subsidiary protection and humanitarian leave to remain, the Court considered the obligation on the decision maker to consider relevant documentation, the obligation to give reasons for a decision to dismiss such evidence, reliance by the Minister on credibility findings by the RAT in denying the earlier application for refugee status and whether an Applicant is required to challenge the RAT findings in a subsequent application for subsidiary protection. The Court found that the Minister had failed to weigh the apparently corroborative documentation against the marginal findings of lack of credibility by the RAT or to give reasons for dismissing or rejecting such documentation.
The right to an effective remedy under EU law does not require the specific preliminary decision to place an applicant for international protection under the accelerated procedure to be itself subject to judicial review, provided that this decision is reviewable as part of judicial consideration of the final substantive decision to grant or refuse protection.