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CJEU - Case C-429/15, Evelyn Danqua v Minister for Justice and Equality Ireland and the Attorney General
Country of applicant: Ghana

Based on the principle of effectiveness, the CJEU ruled that a limit of 15 days to apply for subsidiary protection following a notification of the decision not to grant refugee status is particularly short and cannot be justified by the need to ensure an effective return procedure. The limited period endangers applicants’ ability to submit an application for subsidiary protection.

Date of decision: 20-10-2016
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2 (e),Art 2,Art 18,Art 3,Art 2 (f),European Union Law,Art 2 (a)
Czech Republic - Supreme Administrative Court, 5 October 2006, A.M. v. Ministry of the Interior, 2 Azs 66/2006-52
Country of applicant: Armenia

The sexual orientation of the Applicant for asylum may, depending on circumstances and with regard to the situation in the country of origin, be considered a sign of his membership of a particular social group. The threat of injury to the Applicant for asylum as a result of actions causing psychological pressure may not be as serious as injuries that result in threats to life or freedom, but must be at least of a comparable type.

Date of decision: 05-10-2006
Relevant International and European Legislation: Art 10.1 (d),Art 9.1,Art 2 (a)