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OPINION OF ADVOCATE GENERAL BOBEK in Case C‑556/17 Alekszij Torubarov v Bevándorlási és Menekültügyi Hivatal (Request for a preliminary ruling from the Pécsi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Pécs, Hungary))

I suggest that the Court reply to the Pécsi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Pécs, Hungary) as follows: – Article 46(3) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, in conjunction with the first paragraph of Article 47 of the Charter of Fundamental Rights of the European Union, is to be interpreted as meaning that a model of judicial review in matters of international protection in which the courts are endowed with a mere cassational power but in which the judicial guidance they issue in their annulment decisions is effectively being disregarded by the administrative bodies when deciding on the same case again, such as demonstrated in the case in the main proceedings, fails to meet the requirements of effective judicial review set out in Article 46(3) of Directive 2013/32 and interpreted in the light of the first paragraph of Article 47 of the Charter. – A national court, deciding in circumstances such as those in the case in the main proceedings, must set aside the national rule limiting its power to the mere annulment of the relevant administrative decision. That obligation arises when the clear assessment contained in a judicial decision annulling a previous administrative decision has been disregarded by the administrative authority deciding the same case anew, without the latter bringing any new elements that it could have reasonably and legitimately brought into consideration, thus depriving the judicial protection provided for under the invoked provisions of any practical effect.

30 April 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Administrative courts - Effective remedy | Countries: Hungary - Russian Federation

Ferenc Feher, Richard Sebok and the Canadian Association of Refugee Lawyers et al (applicants) v. the Minister of Public Safety and Emergency Preparedness (respondent)

paragraph 112(2) (b.1) of the Immigration and Refugee Protection Act, SC 2001, c 27, is declared to be inconsistent with subsection 15(1) of the Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, insofar as it concerns nationals of countries designated pursuant to section 109.1(1) of the Immigration and Refugee Protection Act; and the following words - “or, in the case of a person who is a national of a country that is designated under subsection 109.1(1), less than 36 months,” - in paragraph 112(2) (b.1) shall have no force or effect with respect to such nationals;

20 March 2019 | Judicial Body: Canada: Federal Court | Document type: Case Law | Topic(s): Constitutional law - Equality before the law - Safe country of origin | Countries: Canada - Hungary

Progress Report 2018: A Global Strategy to Support Governments to End the Detention of Asylum-Seekers & Refugees, 2014 - 2019

February 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Thematic Reports

Macedonia will seek arrest in Hungary of ex-PM Gruevski

13 November 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

UNHCR Observations on the Legislative Amendments Adopted in Hungary in June & July 2018

6 November 2018 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

Freedom on the Net 2018 - Hungary

1 November 2018 | Publisher: Freedom House | Document type: Annual Reports

Ukraine, Hungary in diplomatic tit-for-tat expulsions amid passport dispute

4 October 2018 | Publisher: Radio Free Europe/Radio Liberty | Document type: Country News

Report to the Hungarian Government on the visit to Hungary carried out by the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

18 September 2018 | Publisher: Council of Europe: Committee for the Prevention of Torture | Document type: Country Reports

Response of the Hungarian Government to the report of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) on its visit to Hungary

18 September 2018 | Publisher: Council of Europe: Committee for the Prevention of Torture | Document type: Country Reports

Hungary: Domestic violence, including in Roma communities; legislation, including implementation; state protection and support services, particularly in Miskolc, Debrecen and Budapest (2016-July 2018)

22 August 2018 | Publisher: Canada: Immigration and Refugee Board of Canada | Document type: Query Responses

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