C-239/14: Abdoulaye Amadou Tall v Centre public d’action sociale de Huy

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Respondent/Defendant:Centre public d’action sociale de Huy
Court/s:ECJ
Citation/s:C-239/14
Nature of Proceedings:Preliminary reference
Judgment Date/s:17 Dec 2015
Judge:L. Bay Larsen (Rapporteur), President of the Third Chamber, acting as President of the Fourth Chamber, M.J. Malenovský, M. Safjan, A. Prechal and K. Jürimäe, Judges
Category:Refugee Law
Keywords:Charter of Fundamental Rights of the European Union, Refugee
Country of Origin:Senegal
URL:http://curia.europa.eu/juris/document/document.jsf?text=&docid=173121&pageIndex=0&doclang=en&mode=lst&dir=&occ=first&part=1&cid=260541
Geographic Focus:Europe

Facts:The applicant was a Senegalese national who applied unsuccessfully for asylum in Belgium. He then made a subsequent examination for asylum which, following a preliminary examination, was not accepted. He was later served with an expulsion order. He challenged a decision to withdraw his social assistance before the courts, which found that the only remedy under Belgian law against a … Read More

Principles:

This decision shows that where a decision is made not to examine further a subsequent application for asylum, it is open to Member States to provide that any appeal against that decision does not have suspensive effect, and such provision will not breach the Procedures Directive or Articles 19(2) or 47 of the CFR.

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