Case summaries
France - The National Court for Right of Asylum, 11 April 2014, M.A, No 13020725
Country of applicant:
Russia
Keywords:
Effective access to procedures, Manifestly unfounded application, Personal interview, Subsequent application
The provisions of the Asylum Procedures Directive have been fully transposed into the CESEDA. A decision of the OFPRA based on all the documents/ evidence submitted by the applicant in support of his subsequent application without an interview does not infringe Article 41(2) of the Charter. When OFPRA considered the subsequent application, it was legitimate for it to have rejected the application without any interview since the new documents/ evidence provided were without merits. The Court found that M.A’s application must be rejected without any need to re-examine the facts he submitted, including those in his first application. The application of M.A was rejected.
Date of decision:
11-04-2014
Relevant International and European Legislation:
1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 23,Art 12,Art 12.1,Art 23.4,Art 23.4 (j),Art 23.4 (h),Art 23.4 (0),Art 23.4 (i),Art 23.4 (c),Art 28,Art 12.2 (c),European Union Law,International Law,Art 12.2,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,Art 12.2 (a),Art 12.3,Art 23.4 (a),Art 23.4 (b),Art 23.4 (d),Art 23.4 (e),Art 23.4 (f),Art 23.4 (g),Art 23.4 (k),Art 23.4 (l),Art 23.4 (m),Art 23.4 (n),Art 28.2,EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011
Slovakia - Supreme Court of the Slovak Republic, 12 February 2013, A.B. v Ministry of Interior of the Slovak Republic, 1Sža/2/2013
Country of applicant:
Algeria
Keywords:
Humanitarian considerations, Manifestly unfounded application, Medical Reports/Medico-legal Reports, Obligation/Duty to cooperate, Personal interview
Date of decision:
12-02-2013
Relevant International and European Legislation:
Art 13.3 (b),Art 12.3