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CJEU - Case C-239/14, Abdoulaye Amadou Tall
Country of applicant: Senegal
Keywords: Effective remedy (right to), Inhuman or degrading treatment or punishment, Right to remain pending a decision (Suspensive effect), Subsequent application, Return

The non-suspensive effect of a decision not to further examine a subsequent application under Article 32 of the 2005 Asylum Procedures Directive is not in violation of Articles 19(2) and 47 of the Charter since the decision’s enforcement will not lead to the applicant being removed and is therefore unlikely to expose the applicant to a risk of inhumane treatment.

Date of decision: 17-12-2015
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 39,Art 24,Art 32,Recital 27,Art 7,Art 34,Recital 15,European Union Law,Council of Europe Instruments,Recital 8,EN - Charter of Fundamental Rights of the European Union,Article 19,Art 19.2,Article 47,Art 34.2,EN - Returns Directive, Directive 2008/115/EC of 16 December 2008,Article 6,Article 13,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 13
Poland - Supreme Administrative Court of Poland, 24 July 2011, II OSK 557/10
Country of applicant: Russia
Keywords: Assessment of facts and circumstances, Country of origin information, Relevant Documentation, Subsequent application, Subsidiary Protection, Inadmissible application

The administrative authorities, when carrying out an assessment of whether a subsequent application for refugee status is inadmissible (based on the same grounds), should compare the factual basis for the administrative case on which a final decision has been made with the testimony of the foreignor provided in the subsequent application and should also examine whether the situation in the country of origin of the applicant and also the legal position have changed.

Date of decision: 25-07-2011
Relevant International and European Legislation: Art 15 (c),Recital 6,Recital 2,Art 1A,Art 23.4 (h),Art 25.2 (f),Art 32.3,Recital 15,Art 28.1,Art 34.2,Article 3