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16/10/2020
CY: The Administrative Court for International Protection rejected legal aid as the burden of proof lies with the applicant to demonstrate a real chance of positive decision on appeal

ECLI
Input Provided By
EUAA IDS
Source
CYLAW
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Decision
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], E.M.A.S. (Egypt) v Refugee Review Authority, 191/2020, 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=1402
Case history
Related cases:
Abstract

The applicant, an Egyptian Muslim, arrived in Cyprus legally on 20 January 2015 and applied for international protection on 17 June 2015 by invoking economic grounds related to his activities in the country of origin. His application was rejected by the Asylum Service and his administrative appeal was further rejected before the Refugee Review Authority. The applicant requested before the Administrative Court for International Protection to be granted legal aid in order to contest the negative decision of the Refugee Review Authority. The Administrative Court rejected his request by stating that for legal aid to be granted, a remedy must have sufficient prospects of success based on the circumstances of the case and that the burden of proof lies with the applicant. The applicant did not demonstrate that an appeal would have a real chance to obtain a positive decision and thus this legal requirement was not met.

Country of Decision
Cyprus
Court Name
CY: Administrative Court for International Protection [Διοικητικό Δικαστήριο Διεθνούς Προστασίας]
Case Number
191/2020
Date of Decision
16/10/2020
Country of Origin
Egypt
Keywords
Access to procedures
Assessment of Application
Asylum Procedures/Special Procedures
Effective remedy
Legal Aid/Legal assistance/representation
Second instance determination / Appeal