Common European Asylum System in a Changing World

A special chapter is dedicated to setting the basic rules for appeals procedure - Member States shall ensure that applicants have the right to an effective remedy before a court or tribunal against negative decisions taken at first instance.  This effective remedy has to provide for a full and ex nunc (i.e. new elements) examination of both facts and points of law, including, where applicable, an examination of the international protection needs (i.e. at least issuance of a binding opinion towards further assessment by the determining authority) pursuant toQualification Directive 2011/95/EU.  The Directive also imposes rules on whether the appeal has automatic suspensive effect and rules for suspensive effect upon request of the applicant The Directive regulates three main safe-countries concepts that shall alleviate Member States from examining in detail applications from those applicants where another third country (i.e. not an EUMember State or a state using the Dublin regulation!) shall provide protection or access to protection. . 1) First country of asylum – country where the applicant has already received refugee or similar protection. Such cases may be rejected as inadmissible after checking the conditions for first country of asylum in the Directive. 2) Safe country of asylum – an applicant is a national of a country where generally no risk of persecution or serious harm exists. EU countries usually dispose of national lists of these countries. Such cases may be rejected in an accelerated procedure after the applicant had possibility to prove that the country is not safe for them. 3) Safe third countries – an applicant passed through this country where they had real possibility to apply for asylum. EU countries usually dispose of national lists of these countries. The conditions that this third country has to fulfil are quite demanding so this concept is not frequently used in practice. Such cases may be rejected as inadmissible procedure after the applicant had possibility to prove that the country is not safe for them. EXERCISE: Guessing terms. Read the sentences below, each sentence represents one term used by the Procedural Directive. Guess which one. o Quasi-judicial or administrative body in a Member State responsible for examining applications for international protection competent to take decisions at first instance in such cases. o Before a decision is taken by the determining authority, the applicant shall be given the opportunity to present the grounds for their applications in a comprehensive manner. o Member States may provide that an examination of the application is conducted in a shorter time limit if the applicant is from a safe country of origin. • Safe countries concepts

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