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CJEU - C 404/17, A v Migrationsverket, 25 July 2018
Country of applicant: Serbia
Keywords: Manifestly unfounded application, Safe country of origin

A Member State cannot rely on the rebuttable presumption under Articles 36 and 37 of the 2013 Asylum Procedures Directive (APD) in respect of the safe country of origin concept and subsequently find the application to be manifestly unfounded in accordance with Article 31(8)(b) without having fully implemented and complied with the procedures under the APD relating to the designation of countries as safe countries of origin.

Moreover, a Member State may not consider an application for asylum as manifestly unfounded under the APD due to the insufficiency of the applicant’s representations. 

Date of decision: 25-07-2018
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 23,European Union Law,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (11),Recital (12),Recital (18),Recital (40),Recital (41),Recital (42),Article 1,Article 31,Article 32,Article 36,Article 37,Article 46
Hungary - Szeged Administrative and Labour Court, 5 December 2016, 10.Kpk.28.795/2016/3
Country of applicant: Pakistan
Keywords: Effective access to procedures, Effective remedy (right to), Procedural guarantees, Safe third country

Asylum authority’s decision regarding the application of the safe third country principle quashed. The Court pointed out that the application of the STC principle is ‘absolutely unacceptable.’

Date of decision: 05-12-2016
Relevant International and European Legislation: European Union Law,Council of Europe Instruments,EN - Charter of Fundamental Rights of the European Union,Article 41,Article 47,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Recital (46),Recital (48),Article 37,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 13