Case summaries
The Federal Administrative Court has to clarify whether the petition for action directed solely at the obligation to decide on the asylum application is admissible. The question if it is also possible to directly oblige the defendant to grant international protection or to establish prohibitions on deportation by means of an action is not the subject of the decision. As a result, the court comes to the conclusion that there was a delay by the respondent of providing the decision on the asylum application without sufficient reason and that the plaintiff has a need for legal protection for its action for failure to act.
A Muslim asylum seeker and his/her spouse joined Jehovah’s Witnesses in Finland – a religious community. In their home country, Iran, converting away from Islam can mean a death sentence. The Administrative Court should not have been allowed to deny the application without an oral hearing in which further information could have been given regarding the Applicants’ conversion to Christianity and the consequences thereof in their home country.