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Tag: Effective Remedy

The right to a full and ex nunc examination of both facts and points of law before a court or tribunal against negative decisions on international protection.

AMMR:
Recital 62

In order to guarantee the effective protection of the applicants’ fundamental rights to respect for private and family life, the rights of the child and the protection against inhuman and degrading treatment because of a transfer, applicants should have a right to an effective remedy, limited to those rights, in accordance, in particular, with Article […]

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AMMR:
Article 43 – Remedies

1. The applicant or another person as referred to in Article 36(1), points (b) and (c), shall have the right to an effective remedy, in the form of an appeal or a review, in fact and in law, against a transfer decision before a court or tribunal. The scope of such remedy shall be limited […]

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Procedures Regulation:
Recital 16

It is in the interests of both Member States and applicants that applicants receive at a very early stage comprehensive information on the procedure to be followed and on their rights and obligations. In addition, it is essential to ensure a correct recognition of international protection needs already at the stage of the administrative procedure […]

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Procedures Regulation:
Recital 91

For an applicant to be able to exercise his or her right to an effective remedy against a decision rejecting an application for international protection, all effects of the return decision should be automatically suspended for as long as the applicant has the right to remain or has been allowed to remain on the territory […]

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Procedures Regulation:
Recital 108

This Regulation respects the fundamental rights and observes the principles recognised in particular by . In particular, this Regulation seeks to ensure full respect for human dignity and to promote the application of Articles 1, 4, 8, 18, 19, 21, 23, 24, and 47 of ,

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Procedures Regulation:
Article 17 – Free legal assistance and representation in the appeal procedure

1. In the appeal procedure, Member States shall, at the request of the applicant, ensure that he or she is provided with free legal assistance and representation. Such free legal assistance and representation shall include the preparation of the procedural documents required under national law, the preparation of the appeal and, in the event of […]

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Procedures Regulation:
Article 67 – The right to an effective remedy

1. Applicants and persons subject to withdrawal of international protection shall have the right to an effective remedy before a court or tribunal, in accordance with the basic principles and guarantees provided for in Chapter II that relate to the appeal procedure, against the following: (a) a decision rejecting an application as inadmissible; (b) a […]

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Qualification Regulation:
Recital 54

In accordance with , Member States should ensure that applicants have access to an effective remedy before a court or tribunal against decisions by determining authorities to reject applications for international protection as unfounded or against decisions to withdraw international protection. In that respect, the reasons which led a determining authority to decide to reject […]

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Reception Directive:
Recital 12

In order to ensure that applicants are aware of their rights and obligations, Member States should provide them in writing, or, where necessary, orally, or, where appropriate, in a visual form, with information relating to the reception conditions set out in this Directive. Such information should be provided as soon as possible, and in good […]

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Reception Directive:
Article 5 – Information

1. Member States shall provide applicants with information relating to the reception conditions set out in this Directive, including information specific to their reception systems, as soon as possible and in good time in order to effectively enable applicants to benefit from the rights and comply with the obligations provided for in this Directive. Member […]

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Keywords

Absconding Accelerated Examination Procedure Adequate capacity Annual Solidarity Pool Asylum Border Procedure Beneficiary of temporary protection Best Interests of the Child Biometric data Common Identity Repository (CIR) Crisis/Force Majeure Detention Determining authority Effective Remedy Eurodac Facial image data Family members Fingerprint data Hit Humanitarian admission Identification Identity data Illegal stay Mandatory Solidarity Member State Responsible Migratory pressure Minor Non-Refoulement Refugee status Relocation Remain in the Member State Representative Resettlement Return Border Procedure Safe Country of Origin Safe Third Country Search and rescue operation Secondary Movement Special procedural guarantees Special reception needs Stateless person Subsequent application Subsidiary protection status Transfer Unaccompanied minor Visa

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