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29/06/2023
BE: The Council of State annulled the CALL's decision dismissing an applicant's appeal in the absence of an interpreter whose presence was duly requested by the applicant.

ECLI
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Belgium, Council of State [Raad van State - Conseil d'État], Applicant v Commissioner General for Refugees and Stateless Persons (CGRS), No 256990, 29 June 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=3933
Case history
Other information
Abstract

The CGRS rejected the applicant's claims for international protection. The applicant contested the decision before the CALL and requested the presence of an interpreter at the hearing. However, the CALL dismissed the applicant's appeal. The applicant then appealed before the Council of State, invoking national law provisions and claiming that their right to a fair trial had been breached as no interpreter was present at the hearing despite having duly filed a request for an interpreter, hence they could not submit their comments. The applicant added that this also meant that the court had not taken into account all the circumstances of the case when making its decision. The Council of State, noting that the applicant's request for an interpreter was indeed duly filed and that neither the CGRS nor the hearing report could prove the presence of an interpreter at the hearing, ruled that the applicant's right to a fair trial was breached and annulled the contested decision.


Country of Decision
Belgium
Court Name
BE: Council of State [Raad van State - Conseil d'État]
Case Number
No 256990
Date of Decision
29/06/2023
Country of Origin
Keywords
Effective remedy
Interpretation/translation