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France - National Court of Asylum, 7 January 2016, Mrs S spouse of M and Mr M v Director General of OFPRA
Country of applicant: Kosovo
Keywords: Effective access to procedures, Personal interview, Procedural guarantees, Relevant Facts, Relevant Documentation, Subsequent application

A subsequent application is not admissible unless the interested party presents new facts or elements relating to his personnel situation or to the situation in his country of origin, out of which he could not have had knowledge of previously, and likely, if they have probative value, to modify the appreciation of the legitimacy or the credibility of the application of the interested party.

The director general of OFPRA was right to find that the elements that the applicants presented before him did not significantly increase the probability that they would meet the qualifying conditions to claim protection and that their subsequent applications were inadmissible, without having undertaken a hearing before making the decision on inadmissibility.

Date of decision: 07-01-2016
Relevant International and European Legislation: 1951 Refugee Convention,European Union Law,International Law,EN - Charter of Fundamental Rights of the European Union,Article 18,EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 33,Article 40,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011,Treaty on the Functioning of the European Union 2010/C 83/01,Article 78