E.M.A.S. (Egypt) v Refugee Review Authority
CY: The Administrative Court for International Protection rejected legal aid as the burden of proof lies with the applicant to demonstrate a real chance of positive decision on appeal
The applicant, an Egyptian Muslim, arrived in Cyprus legally on 20 January 2015 and applied for international protection on 17 June 2015 by invoking economic grounds related to his activities in the country of origin. His application was rejected by the Asylum Service and his administrative appeal was further rejected before the Refugee Review Authority. The applicant requested before the Administrative Court for International Protection to be granted legal aid in order to contest the negative decision of the Refugee Review Authority. The Administrative Court rejected his request by stating that for legal aid to be granted, a remedy must have sufficient prospects of success based on the circumstances of the case and that the burden of proof lies with the applicant. The applicant did not demonstrate that an appeal would have a real chance to obtain a positive decision and thus this legal requirement was not met.
Access to procedures; Assessment of Application; Asylum Procedures/Special Procedures; Effective remedy; Legal Aid; Second Instance determination;
Cyprus, Administrative Court for International Protection [Διοικητικό Δικαστήριο Διεθνούς Προστασίας], E.M.A.S. (Egypt) v Refugee Review Authority, 191/2020, 16 October 2020. Link redirects to the English summary in the EASO Case Law Database.