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15/11/2019
The Supreme Court ruled on the removal of an additional interview as the previously conducted interview and subsequent evidence included in the administrative file did not result in any inconsistencies

ECLI
ECLI SK: NSSR: 2019: 1019200479.1
Input Provided By
EUAA Asylum Report
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
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
Slovakia, Supreme Court [Najvyssi Sud], V.Y. and others v Ministry of Interior (Ministerstvo vnútra), 10Sžak/17/2019 , ECLI SK: NSSR: 2019: 1019200479.1, 15 November 2019. 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=970
Case history
Related cases:
Abstract

According to the national contribution to the EMN Annual Report on Migration and Asylum 2019 (information provided by the MO MoI SR):

With respect to the plaintiff’s objections, the Court of Cassation states that these are unjustified. It is clear from the defendant’s administrative file that the plaintiff’s legal representative was allowed to be present during the interview and she was given an opportunity to comment as stipulated in Art. 23 of the Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (recast) and of the Art. 6 par. 7 of Act on Asylum. The Court of Cassation is of the opinion that the proposed additional interview would have been redundant, as the previously conducted interview and subsequent evidence included in the administrative file (e.g. country of origin information) did not result in any inconsistencies that it would be necessary to remove by the additional interview.

Country of Decision
Slovakia
Court Name
SK: Supreme Court [Najvyssi Sud]
Case Number
10Sžak/17/2019
Date of Decision
15/11/2019
Country of Origin
Keywords
Effective remedy
Personal Interview/ Oral hearing
Second Instance determination