Case summaries
Hungary - Metropolitan Administrative and Labour Court, 14 December 2016, 17.K.33.921/2016/7-II
Country of applicant:
Afghanistan
The Court quashed the decision of the Office of Immigration and Nationality (OIN) based on the fact that it did not meet its duty to actively provide the Applicant the possibility to resolve contradictions in his statements, as required by Article 16 of the Recast Procedures Directive (RPD).
Date of decision:
14-12-2016
Relevant International and European Legislation:
European Union Law,EN - Charter of Fundamental Rights of the European Union,Article 41,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 16,Article 51
Greece - Appeals Committee, 23 September 2015, 10738
Country of applicant:
Burkina Faso
Keywords:
Assessment of facts and circumstances, Burden of proof, Credibility assessment, Humanitarian considerations, Personal interview, Subsidiary Protection, Well-founded fear
Whilst the Appeals Committee believes that the applicant was ‘wronged’ during the administrative procedures in the First and Second Degree (pursuant to Decree 113/2013), the Committee is unable to request a new personal interview, because no such provision exists within the national legislation (Regulation Service of Authority and Appeal 339/2013 opinion of the Legal Council).
Date of decision:
23-09-2015
Relevant International and European Legislation:
1951 Refugee Convention,Art 1A (2),European Union Law,International Law,Council of Europe Instruments,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 16,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Article 4,UN Convention against Torture,Art. 3