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16/10/2020
CY: The Administrative Court for International Protection rejected legal aid request considering that the appeal had no chances of success

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Decision
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Cyprus, Administrative Court for International Protection [Διοικητικό Δικαστήριο Διεθνούς Προστασίας], F.A. (Somalia) v Administrative Court for International Protection, Legal Aid no. 182/20, 16 October 2020. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=1325
Case history
Other information
Abstract

F.A., a Somali national, applied for international protection based on alleged persecution against him by Al Shabaab but the application was rejected by the Asylum Service.


The applicant applied before the Administrative Court of International Protection in order to be granted legal aid and a lawyer appointed to help him file an appeal against the negative decision.


The Administrative Court stated that legal aid cannot be granted for remedies that have no chance and based its reasoning on case law where the Supreme Court decided that legislation on legal aid shall be interpreted and applied in the light of the Law on Refugees and legislation on foreigners and immigration. Thus, the Administrative Court has to examine the substance of the case, taking into account new allegations and previous statements made during the examination of the application and its legality on the basis of the administrative and legal aid law.


In the present case, the Administrative Court stated that the applicant’s allegations were thoroughly examined by the determining authority and he could not indicate concrete reasons of risk of persecution by Al Shabaab and provided contradictory information on his age and his family situation before the Asylum Service. According to national guidance, but also based on the EASO Judicial Analysis on ”Evidence and credibility assessment in the context of the Common European Asylum System” (2018) the Administrative Court concluded that the applicant did not provide coherent, consistent and persuasive statements on the facts thus irreparably affecting the credibility of his allegations and the substance of his application. The application for legal aid did not contain any information to contradict what has been already assessed by the determining authority. The Administrative Court rejected his request for legal aid without examining his financial resources and holding that an appeal lodged by the applicant would have no chance of success.


Country of Decision
Cyprus
Court Name
CY: Administrative Court for International Protection [Διοικητικό Δικαστήριο Διεθνούς Προστασίας]
Case Number
Legal Aid no. 182/20
Date of Decision
16/10/2020
Country of Origin
Somalia
Keywords
Assessment of Application
Credibility
EUAA Judicial Analysis / EUAA Professional Development Series
Effective remedy
Legal Aid/Legal assistance/representation
Second instance determination / Appeal
Source
CYLAW