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31/08/2023
BE: The Council of State ruled that the possibility for an applicant for international protection to have a personal interview with the decision authority conducted by a person of the same sex and be assisted by the interpreter of the same sex, provided by Article 15 of the recast Asylum Procedures Directive, does not apply to appeal procedures, but these guarantees must be complied with on appeal if the applicant was not given this opportunity before the determining authority.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE
Reference
Belgium, Council of State [Raad van State - Conseil d'État], Applicant v Commissioner General for Refugees and Stateless Persons (CGRS), No 15541, 31 August 2023. 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=3895
Case history
Other information
Abstract

According to the summary provided by the EUAA Courts and Tribunals Network:


"The Council of State ruled that article 15 of Directive 2013/32/EU, that provides the possibility for an applicant for international protection to have a personal interview with the decision authority conducted by a person of the same sex and be assisted by the interpreter of the same sex, does not apply to the jurisdiction appeal procedure. It also ruled that the European Court of Justice, in its decision C-517/17, Milkiyas Addis v Germany of 16 July 2020, clearly stated that the court before which an appeal is lodged against a decision of inadmissibility of a subsequent application for international protection must comply with the guarantees laid down in Article 15 of Directive 2013/32 only if the applicant was not given an opportunity to be heard before the decision authority in accordance with the guarantees provided for by that article.  


Since the applicant had been heard before the decision authority in the presence of a female interviewer and female interpreter after submitting a third application for international protection, the appeal procedure before the Council for Alien Law Litigation did not need to comply with the safeguards provided in article 15."


Country of Decision
Belgium
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
No 15541
Date of Decision
31/08/2023
Country of Origin
Keywords
First Instance determination
Interpretation/translation
Personal Interview/ Oral hearing
Second instance determination / Appeal