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EDAL case summaries

Hungary - Metropolitan Court of Public Administration and Labour, 10 March 2016, 5.K.30.385/2016

Country of Decision: Hungary
Country of Applicant: Somalia
Keywords: Effective access to procedures, Effective remedy (right to), Refugee Status, Subsidiary Protection

In case of conflict between a domestic and international norm the Court is obliged to adhere to the latter and set aside the former. Given the well-established right to an effective remedy in international and European instruments, an element of which relates to the remedy’s timeliness, the court is obliged to remake the OIN’s subsidiary protection decision and provide the applicant with refugee status. This conclusion applies notwithstanding that domestic legislation prohibits the Court from reforming an OIN decision. To abide by this legislation would result in a never-ending appeal...
Date: 10-03-2016

Hungary - Metropolitan Court, 29 August 2013, H.A.I. v Office of Immigration and Nationality (OIN), 3.K.30.602/2013/15

Country of Decision: Hungary
Country of Applicant: Lebanon
Keywords: Effective remedy (right to), Exclusion from protection, Persecution Grounds/Reasons, Political Opinion, Refugee Status

In the case of a Palestinian stateless asylum-seeker from Lebanon, the Court found the objection of the OIN (that was otherwise unverified by documents and based on which the decision to reject was made) to be unfounded, and recognised the Applicant as refugee. The Court emphasized that any procedure where the contents of the objection concerning a matter of national security are not subject to review, is arbitrary and seriously contradicts the principles of the rule of law as it makes the right to an effective remedy meaningless.
Date: 29-08-2013

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