M (Judgment) [2017] EUECJ C-560/14 (09 February 2017)

M (Judgment) [2017] EUECJ C-560/14 (09 February 2017)

The right to be heard under EU law, as applicable in the context of Directive 2004/83/EC, does not require, as a rule, that an applicant for subsidiary protection be granted an oral hearing or the right to call or cross-examine witnesses when national law provides for two separate procedures for refugee status and subsidiary protection. An interview must be arranged only where specific circumstances relating to the available evidence or the applicant's personal or general situation render it necessary to examine the application with full knowledge of the facts.

Citation
[2017] EUECJ C-560/14
Parties
Applicant: M; Respondents: Minister for Justice and Equality (Ireland), Ireland and the Attorney General
Jurisdiction
European Union
Judgment Date
09 February 2017
Procedural Posture
Preliminary Ruling (cjeu) / Judgment on Reference From Supreme Court of Ireland
Outcome
Preliminary ruling issued; national court to determine if specific circumstances require an interview.
Legal Topics
Subsidiary Protection, Right to Be Heard, Procedural Rights, International Protection, Refugee Status
EU Law Immigration Law Administrative Law Subsidiary Protection Right to Be Heard Procedural Rights International Protection Refugee Status

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

M

Applicant

Minister for Justice and Equality (Ireland), Ireland and the Attorney General

Respondents

Procedural Posture

Preliminary Ruling (cjeu) / Judgment on Reference From Supreme Court of Ireland

Legal Issues

  1. 1 Does the right to be heard under EU law require an oral hearing (including right to call/cross-examine witnesses) for subsidiary protection applications when there are two separate procedures for refugee status and subsidiary protection?

Ratio Decidendi

The right to be heard under EU law, as applicable in the context of Directive 2004/83/EC, does not require, as a rule, that an applicant for subsidiary protection be granted an oral hearing or the right to call or cross-examine witnesses when national law provides for two separate procedures for refugee status and subsidiary protection. An interview must be arranged only where specific circumstances relating to the available evidence or the applicant's personal or general situation render it necessary to examine the application with full knowledge of the facts.

Court Disposition

Preliminary ruling issued; national court to determine if specific circumstances require an interview.

Orders

  • The right to be heard does not require, as a rule, an interview or the right to call/cross-examine witnesses in subsidiary protection procedures with two separate stages.
  • An interview must be arranged if specific circumstances make it necessary to examine the application with full knowledge of the facts.