ECJ Directive 2005/85/EC – Minimum standards on procedures in Member States for granting and withdrawing refugee status – ‘Decision taken on [the] application for asylum’ within the meaning of Article 39 of Directive 2005/85 – Application by a third country national for refugee status – Failure to provide reasons justifying the grant of international protection – Application rejected under an accelerated procedure – No remedy against the decision to deal with the application under an accelerated procedure – Right to effective judicial review
The Procedures Directive lays down minimum standards. Article 39 requires Member States to ensure that applicants have the right to ‘an effective remedy’, not that they should have the most effective remedy.
[2011] EUECJ C-69/10, [2012] 1 CMLR 8, ECLI:EU:C:2011:524
Bailii
Directive 2005/85/EC
Citing:
Opinion – Samba Diouf v Minister of Labour, Employment and Immigration ECJ 1-Mar-2011
ECJ (Area of Freedom, Security and Justice) Request by a citizen of a country seeking refugee status – Rejection of this request, as part of a national process accelerated in the absence of reasons justifying the . .
Cited by:
Cited – TN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Cited – TN, MA and AA (Afghanistan) v Secretary of State for The Home Department SC 24-Jun-2015
The appellants, children from Afghanistan whose asylum claims had been rejected, challenged the sufficiency of the appellate process, and the respondents obligations for family tracing.
Held: The appeals failed. An applicant could not claim, . .
Lists of cited by and citing cases may be incomplete.
European, Immigration
Updated: 20 January 2022; Ref: scu.567850