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UK - High Court, Hashemi, R (on the application of) v The Upper Tribunal (Immigration and Asylum Chamber) & Anor, [2013] EWHC 2316 (Admin)
Country of applicant: Afghanistan

This case concerns a child asylum applicant who had his appeal against refusal of asylum considered after he had turned 18, and thus had become an adult. He complained that this breached Article 39 of the Procedures Directive (effective remedy).

Date of decision: 31-07-2013
Relevant International and European Legislation: Art 23.2,Art 4,Recital 1,Art 39,Art 13,Art 23,Recital 27,Art 17,Art 23.1,Art 23.2,Art 39,Recital 13,Recital 8,Recital 14,Art 39.1 (a),Art 39.1 (e),3.,UN Convention on the Rights of the Child
Ireland - High Court, 7 July 2010, E v Refugee Appeals Tribunal, 2007 No. 560 JR (Unreported)
Country of applicant: Nigeria

This case concerned the asserted right of an applicant to cross-examine the representative of the State who was presenting the State’s case on appeal to the Tribunal.

Date of decision: 07-07-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 39
Greece - Council of State, 5 July 2007, 1628/2007

Application for annulment of a decision by the Minister of Public Order

 

This case concerned the interpretation of Presidential Decree 61/1999 in light of Directive 2004/83/EC andexamined the reasoning of the Administration's decision in an application for recognition as a refugee, in an appeal for annulment. The minutes of the Advisory Committee should cite not only the interested party's claims but also the content of the questions put by members of the Committee and the alien's responses, as well as a detailed assessment of the claims and of any documentation or other evidence which may have been submitted. There is an obligation on the members of the Committee to deliver a reasoned judgment on the credibility of the asylum seeker. 

Date of decision: 05-07-2007
Relevant International and European Legislation: Art 4.3,Art 9,Art 4,Recital 6,Art 39,Art 1A,Art 38,Article 15