Case summaries
Germany – Federal Administrative Court, 11 July 2018, BVerwG 1 C 18.17
Country of applicant:
Afghanistan
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.
Date of decision:
11-07-2018
Relevant International and European Legislation:
Art 39.1,Art 4,Art 17,Recital 11,Art 2,Art 2 (e),Art 14.2,Art 13,Recital 13,Art 12.2,Article 47,Recital (18),Recital (25),Article 2,Article 4,Article 14,Article 15,Article 17,Article 31,Article 46,Article 51,Recital 10,Art 4.3,Art 12.4,Art 13.1,Art 13.2,Art 13.3,Art 17.4 (b),Art 23.2 (b),Article 4