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Czech Republic - Supreme Administrative Court, 17 September 2010, M.Y. v. Ministry of Interior, 2 Azs 14/2010-92
Country of applicant: Unknown
Keywords: Non-refoulement, Personal circumstances of applicant, Relevant Facts, Subsequent application, Inadmissible application

The case concerned a subsequent application for international protection based on the right to a family and private life (Art 8 of the European Convention on Human Rights (ECHR)) The application was rejected as inadmissible by the Ministry of Interior (MOI) on the basis that Art 8 considerations were deemed not applicable in asylum cases. However, the Supreme Administrative Court (SAC) made two important findings. Firstly it held that even if an application was considered to be inadmissible, there was an obligation to evaluate the risk of refoulement under Art 33 of 1951 Refugee Convention. Secondly, as provided by § 14(a)(2)(d) of the Asylum Act, in exceptional cases, to grant international protection for family life reasons, these have to be accepted as new elements in subsequent proceedings.

Date of decision: 17-09-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 18,Art 4,Art 13,Art 21,Art 23.4 (h),Art 25.2 (f),Art 32.3,Art 32.5,Art 32.6,Art 33,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
Netherlands - AJDCoS, 7 July 2010 , 200907796/1/V2
Country of applicant: Russia
Keywords: Subsequent application

The court confirmed in this case that the assessment framework of Art 4:6 of the General Administrative Law Act, in relation to subsequent asylum applications, is in conformity with the Asylum Procedures Directive.

Date of decision: 07-07-2010
Relevant International and European Legislation: EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 32.3,Art 32.5,Art 32.6,Art 32.4,Art 32.2,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3