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CJEU - C‑348/16, Moussa Sacko
Country of applicant: Mali
Keywords: Accelerated procedure, Effective access to procedures, Effective remedy (right to), Manifestly unfounded application, Personal interview

If an application for protection has been heard at first instance and the applicant there had the opportunity of a full examination including a personal interview and was given a transcript or report of the interview; and if it was there determined that the application is manifestly unfounded; then EU asylum law in particular Directive 2013/32/EU allows the national court or tribunal to dismiss an appeal without allowing the applicant  a further opportunity to be heard.

However, a hearing may be conducted if the court hearing the appeal considers it necessary for the purpose of ensuring that there is a full and ex nunc examination of both facts and points of law, as required under Article 46(3) of the Directive.

Date of decision: 26-07-2017
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (18),Recital (20),Article 2,Article 12,Article 14,Article 17,Article 31,Article 32,Article 46,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 6
Netherlands - Court of The Hague, 13 January 2016, AWB 15/22376
Country of applicant: Iran
Keywords: Effective access to procedures, Detention

This case is concerned with whether an appeal against the lawfulness of an asylum applicant’s detention was allowed. Thus the prejudicial question was formulated questioning whether the measure under article 8(3)(a-b) recast Reception Conditions Directive is valid with regards to the provisions in Article 6 Charter of Fundamental Rights of the EU (CFREU) subject to Article 5 European Convention on Human Rights (ECHR).

Date of decision: 13-01-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 6,Article 52,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 2,Article 9,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 5,EN - Recast Reception Conditions Directive, Directive 2013/33/EU of 26 June 2013,Article 2,Article 8,Article 9,Treaty on the Functioning of the European Union 2010/C 83/01,Article 267 § 2,Article 267 § 1 (b)
Slovenia - Constitutional Court of the Republic of Slovenia, 15 October 2015, judgment U-I-U-I-189/14, Up-663/14
Country of applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Circumstances ceased to exist, Effective remedy (right to), Non-refoulement, Relevant Facts, Subsidiary Protection

Termination of an applicant’s international protection status (ie where there is a change or termination of protection grounds) must be examined against the principle of non-refoulement, which ensures the right to a fair and efficient procedure in which the Asylum authority assesses if non-refoulement would be violated where protection ceases.

It results from the principle of non-refoulement that the applicant in proceedings on termination of subsidiary protection must have the possibility to state all the reasons for which subsidiary protection should not cease.

In the process of renewal of subsidiary protection all the guarantees provided by Article 18 of the Constitution (Prohibition of Torture) should be respected.

Legislation which limited the assessment of the competent authority in the subsidiary protection renewal procedure only to the grounds based on which an individual has been granted subsidiary protection, is inconsistent with the right set out in Article 18 of the Constitution.

Date of decision: 15-10-2015
Relevant International and European Legislation: 1951 Refugee Convention,Art 33,European Union Law,International Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 19,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (25),Article 2,Article 44,Article 45,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 11,Article 16,Article 19