Improving asylum procedures: comparative analysis and recommendations for law and practice

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The Charter of Fundamental Rights of the European Union sets out every person’s right to good administration, including the “obligation of the administration to give reasons for its decisions”. This is relevant and particularly important with regard to decisions on international protection taken by state determining authorities in the asylum procedure. The Asylum Procedures Directive (APD) sets out explicitly in Article 9 (1) the requirement that all decisions on applications for asylum are given in writing. However, the APD only requires that the reasons, in fact and law, be stated in the decision “where the application is rejected,” and not even then if the applicant is granted a status which offers the same rights and benefits under national and EU law as refugee status under the Qualification Directive

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