Access to the asylum procedure Archives | Page 4 of 8 | International Commission of Jurists

6.K.27.060/2018/8. National Court Decision (2018. March 1st)

Sep 5, 2022

The case concerns a married couple from Iraq who submitted asylum applications on July 10. 2017. The asylum authority rejected their application and expelled them to Iraq. The applicants requested a review of the decision before a national court which subsequently...

Malta Immigration Appeals Board, M.M. v. The Principal Immigration Officer

Jun 14, 2022

The appellant is a Bangladeshi national who was rescued and disembarked in Malta in September 2019. He declared to be a minor born on 01 January 2003 upon arrival and was directly detained. The appellant was detained on health grounds until June 2020 where he was...

Decision by the 5th Comittee of the Appeals Authority on 2 June 2021

Mar 23, 2022

The Committee decided to postpone the adoption of a decision on the age of the applicant and to refer the applicant, a minor, to an age assessment under the legal procedure. The minor from Afghanistan was residing in Lesvos RIC and had been wrongfully assessed as an...

Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast)

Jan 26, 2022

The recast “Asylum Procedures Directive” is a recast of a previous Directive (Council Directive 2005/85/EC of 1 December 2005), with implementation deadline of 20 July 2015. The Directive sets up common procedures for granting and withdrawing international protection...

O.M. v. Hungary, ECtHR, Application No. 9912/15, Judgment of 5 July 2016

Jan 26, 2022

The Court recalls that detention is authorised under subparagraph (b) of Article 5 § 1 only to ‘secure the fulfilment’ of the obligation prescribed by law. It follows that, at the very least, there must be an unfulfilled obligation incumbent on the person concerned,...