EDAL case summaries
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
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