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CJEU - C 175/11 / Judgment

H.I.D., B.A. v Refugee Applications Commissioner, Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland
Deciding body type
Court of Justice of the European Union
Deciding body
General Court (Second Chamber)
Typ
Decision
Decision date
31/01/2013

Charta der Grundrechte der Europäischen Union

Title VI: Justice

Article 47 - Right to an effective remedy and to a fair trial

VIEW FULL CASE
  • CJEU - C 175/11 / Judgment
    Key facts of the case:
    1. This request for a preliminary ruling concerns the interpretation of Articles 23 and 39 of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L 326, p. 13). 
    2. The request has been made in separate sets of proceedings between, on the one hand, Ms  D. and Mr A., Nigerian nationals, and, on the other hand, the Refugee Applications Commissioner, the Refugee Appeals Tribunal, the Minister for Justice, Equality and Law Reform (the ‘Minister’), Ireland and the Attorney General concerning the dismissal by the Minister, in the context of a prioritised procedure, of their applications for refugee status. 
    Results (sanctions) and key consequences of the case:
     
    The Court (Second Chamber) hereby rules:
    1. Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status must be interpreted as not precluding a Member State from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant.
    2. Article 39 of Directive 2005/85 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which may be the subject of an appeal to the Supreme Court (Ireland).
  • Paragraphs referring to EU Charter

     

    80, 82-105