Case summaries
Greece - Council of State, 15 November 2005, Application No. 815/2006
Country of applicant:
Iran
Keywords:
Effective remedy (right to), Procedural guarantees
Within the meaning of the provisions of Article 2(1) and Article 3 para. 1, 4, 5, 7 and 8 of Presidential Decree 61/1999, for an appeal brought against an initial negative decision to be rejected for being out of time, there is no requirement for there to have been a prior judgment by the Committee formed under Article 3(5) which – as is clear from the regulations concerning its composition and operation – is responsible for considering the substantive conditions for recognising refugee status to a foreigner.
Date of decision:
15-11-2005
Relevant International and European Legislation:
Art 1A (2),Art 39,Art 4.1,Art 1A (1)