Case C-175/11: Judgment of the Court (Second Chamber) of 31 January 2013 (request for a preliminary ruling from the High Court of Ireland — Ireland) — H.I.D., B.A. v Refugee Applications Commissioner, Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland, Attorney General (Request for a preliminary ruling — Common European Asylum System — Application by a national of a third country seeking refugee status — Directive 2005/85/EC — Article 23 — Possibility of prioritising the processing of asylum applications — National procedure applying a prioritised procedure for the examination of applications by persons belonging to a certain category defined on the basis of nationality or country of origin — Right to an effective judicial remedy — Article 39 of Directive 2005/85 — Concept of ‘court or tribunal’ within the meaning of that article)
Date: 2013-01-31
Institutions: Court of Justice
Subjects: Ireland, interpretation of the law, nationality, refugee, right of asylum








C_2013086EN.01000301.xml










23.3.2013   


EN


Official Journal of the European Union


C 86/3





Judgment of the Court (Second Chamber) of 31 January 2013 (request for a preliminary ruling from the High Court of Ireland — Ireland) — H.I.D., B.A. v Refugee Applications Commissioner, Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland, Attorney General
(Case C-175/11) (1)

(Request for a preliminary ruling - Common European Asylum System - Application by a national of a third country seeking refugee status - Directive 2005/85/EC - Article 23 - Possibility of prioritising the processing of asylum applications - National procedure applying a prioritised procedure for the examination of applications by persons belonging to a certain category defined on the basis of nationality or country of origin - Right to an effective judicial remedy - Article 39 of Directive 2005/85 - Concept of ‘court or tribunal’ within the meaning of that article)
2013/C 86/04
Language of the case: English

Referring court

High Court of Ireland

Parties to the main proceedings


Applicants: H.I.D., B.A.

Defendants: Refugee Applications Commissioner, Refugee Appeals Tribunal, Minister for Justice, Equality and Law Reform, Ireland, Attorney General

Re:

Request for a preliminary ruling — High Court of Ireland — Interpretation of Articles 23 and 39 of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status (OJ 2005 L 326, p. 13) — Application by a national of a non-member country for refugee status — Conformity with European Union law of a national procedure which provides for the application of an accelerated or prioritised procedure for examining asylum applications brought by persons belonging to a category defined on the basis of nationality or country of origin — Right to an effective remedy — Concept of ‘court or tribunal’ within the meaning of Article 267 TFEU

Operative part of the judgment







1.


Article 23(3) and (4) of Council Directive 2005/85/EC of 1 December 2005 on minimum standards on procedures in Member States for granting and withdrawing refugee status must be interpreted as not precluding a Member State from examining by way of prioritised or accelerated procedure, in compliance with the basic principles and guarantees set out in Chapter II of that directive, certain categories of asylum applications defined on the basis of the criterion of the nationality or country of origin of the applicant.










2.


Article 39 of Directive 2005/85 must be interpreted as not precluding national legislation, such as that at issue in the main proceedings, which allows an applicant for asylum either to lodge an appeal against the decision of the determining authority before a court or tribunal such as the Refugee Appeals Tribunal (Ireland), and to bring an appeal against the decision of that tribunal before a higher court such as the High Court (Ireland), or to contest the validity of that determining authority’s decision before the High Court, the judgments of which may be the subject of an appeal to the Supreme Court (Ireland).






(1)  OJ C 204, 9.7.2011.