You are here
Home › Personal interview ›EDAL case summaries
The case focused on, among other things (consideration of documentation & country of origin information), the crucial issue of the duty of the State to provide appropriate and competent interpreters during the asylum process. Quashing the RAT (Refugee Appeals Tribunal)decision in this case, Faherty J ruled that she was not satisfied that the RAT had done its utmost, as required by law, to procure a Kurdish-Badini interpreter, and that the Court has to countenance the possibility that an error in interpretation could account for the perceived discrepancies in the applicant’s oral...
This case concerns the use of s. 13(6) findings under the Refugee Act as amended and the issues surrounding depriving an applicant of an oral hearing on the basis of their delay in claiming asylum. The Court rules that the Minister has discretion to apply s.13(6) but it must be proportionate and reasonable.
The provisions of the Asylum Procedures Directive have been fully transposed into the CESEDA. A decision of the OFPRA based on all the documents/ evidence submitted by the applicant in support of his subsequent application without an interview does not infringe Article 41(2) of the Charter. When OFPRA considered the subsequent application, it was legitimate for it to have rejected the application without any interview since the new documents/ evidence provided were without merits. The Court found that M.A’s application must be rejected without any need to re-examine the facts he submitted...
The Court examined the complaints of a Somali national concerning her detention conditions in Malta (Article 3), which deteriorated her mental health and resulted in inhuman and degrading treatment. She further alleged that her detention was in breach of Article 5 § 1, 2 and 4 (Right to liberty and security).
The Immigration Service had rejected applications for residence permits based on family ties, because the Applicants had not been heard in person. Conducting an oral hearing with the Applicants was not mandatory for establishing the requirements for family reunification. The refusal by the Immigration Service to conduct the hearing had in practice lead to the rejection of the applications for residence permits. The Administrative Court considered that the conduct of the authorities had caused undue harm to the Applicants.
The Charter of Fundamental Rights of the European Union is also applicable to proceedings to issue a return decision and requires a hearing. With regard to an Applicant who is not represented by anyone legally qualified, such an obligation also exists in cases in which an application for an oral hearing was not expressly lodged. This applies in particular when considering questions concerning private and family life in Austria.
There has been a violation of Article 47 (2) of the Charter of Fundamental Rights of the European Union if there is a failure to hold a hearing at the Asylum Court, notwithstanding that the facts of the case are not sufficiently clear. Merely general statements without reference to the case in point do not represent sufficient grounds for the lack of credibility of the submission.
Failure to integrate into the country, which is typically the case, does not constitute grounds for protection. Behaviour a long time previously in relation to the entry is not significant when assessing security requirements. Aggressive behaviour in the Federal Support Centre does not alone represent a need for security which justifies detention (deportation detention). Despite removal from the Federal Support Centre owing to this behaviour, this must not lead to an asylum seeker losing his entitlement to basic services.
This case concerned the appropriate interpretation to be given to the determination of the Court of Justice in Case C-277/2012, M.M. v. Minister for Justice, Equality and Law Reform in answer to the questions posed by the High Court of Ireland pursuant to Article 267 TFEU.
The Court of Justice answered in the negative the question posed that the duty to cooperate required the decision maker to supply the Applicant with a draft of any possible adverse decision for comment prior to its formal adoption.
However, the Court of Justice also considered the Irish system for protection...
Pages
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Personal interview filterPersonal interview
- Procedural guarantees 26
- Effective remedy (right to) 18
- Effective access to procedures 16
- Credibility assessment 13
- Dublin Transfer 9
- Refugee Status 9
- Assessment of facts and circumstances 8
- Country of origin information 7
- Inhuman or degrading treatment or punishment 7
- Individual assessment 6
- Subsidiary Protection 6
- Burden of proof 5
- Detention 5
- Manifestly unfounded application 5
- Personal circumstances of applicant 5
- Relevant Documentation 5
- Relevant Facts 5
- Well-founded fear 5
- Accelerated procedure 4
- Gender Based Persecution 4
- Medical Reports/Medico-legal Reports 4
- Persecution Grounds/Reasons 4
- Political Opinion 4
- Family member 3
- Family reunification 3
- Internal protection 3
- Legal assistance / Legal representation / Legal aid 3
- Membership of a particular social group 3
- Request to take back 3
- Return 3
- Right to remain pending a decision (Suspensive effect) 3
- Safe third country 3
- Subsequent application 3
- Vulnerable person 3
- Benefit of doubt 2
- Child Specific Considerations 2
- Country of origin 2
- Delay 2
- Duty of applicant 2
- Family unity (right to) 2
- First country of asylum 2
- Humanitarian considerations 2
- Inadmissible application 2
- Material reception conditions 2
- Obligation to give reasons 2
- Obligation/Duty to cooperate 2
- Real risk 2
- Religion 2
- Safe country of origin 2
- Serious harm 2
- Torture 2
- Unaccompanied minor 2
- Accommodation centre 1
- Actor of persecution or serious harm 1
- Best interest of the child 1
- Dependant (Dependent person) 1
- Discrimination 1
- Exclusion from protection 1
- More favourable provisions 1
- Non-refoulement 1
- Non-state actors/agents of persecution 1
- Persecution (acts of) 1
- Previous persecution 1
- Reception conditions 1
- Refugee sur place 1
- Residence document 1
- Responsibility for examining application 1
- Sexual orientation 1
- Standard of proof 1
- Trafficking in human beings 1
Filter by date
Filter by country of applicant
- Afghanistan 5
- Iran 5
- Russia 4
- Bangladesh 3
- Pakistan 3
- Somalia 3
- Iraq 2
- Nigeria 2
- Rwanda 2
- South Africa 2
- Algeria 1
- Angola 1
- Armenia 1
- Brazil 1
- Burkina Faso 1
- China 1
- Comoros 1
- Congo (DRC) 1
- Eritrea 1
- Ethiopia 1
- France 1
- Kosovo 1
- Mali 1
- Moldova 1
- Morocco 1
- Sudan 1
- Syria 1
- Tanzania 1
- Ukraine 1
- Unknown 1
- Uzbekistan 1
- Vietnam 1
Filter by country of decision
- France 10
- Austria 9
- Ireland 6
- Greece 5
- Hungary 4
- Germany 3
- Finland 2
- Slovakia 2
- Slovenia 2
- Czech Republic 1
- Italy 1
- Sweden 1
- Switzerland 1
- United Kingdom 1