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Country of Decision : Luxembourg
Court Name : LU: Administrative Court [Cour Administrative]
Date of decision : 27/06/2018
Type : Judgment
Case Number/Citation/ Document Symbol : 41205

Applicant (South Sudan) v Immigration and Asylum Minister

South Sudan

LU: The Administrative Court ruled on the deadline for examination of an application for international protection.

The First Instance Administrative Court took a decision related to the no existence of sanctions if the maximum period of 21 months for the procedure of examination of an application for international protection is surpassed. In this case, an applicant for international protection whose application had been rejected appealed the decision of refusal. The applicant advanced a number of grounds for annulment in support of the plea, for instance, the fact that the duration of 21 months for the examination was surpassed. This duration is prescribed by article 26 (3) of the Law of 18 December 2015 on international protection and temporary protection. The court came to the conclusion that this disposition established the order of the deadline (un délai d’ordre) and is not a strict deadline (un délai de rigueur). In addition, the court noted that the applicant had failed to evoke any tangible grievance that was caused by the non-respect of the foreseen deadline.

First Instance determination;

National law only (in case there is no reference to EU law/ECHR);

EASO Annual Report on the Situation of Asylum in the EU

Luxembourg, Administrative Court [Cour Administrative], Applicant (South Sudan) v Immigration and Asylum Minister, 41205, 27 June 2018. Link redirects to the English summary in the EASO Case Law Database.