Author: Aoife McMahon

Abstract: 

This article considers the right to an effective remedy conferred by article 13 of the European Convention on Human Rights 1950, how this applies to asylum applications, the criteria for determining what constitutes an effective remedy and when an authority is a “court or tribunal”. It suggests that countries can learn best practices from each other with a view to meeting their obligations under article 13. It compares the procedures in France and Ireland for asylum applications, considering the nature and powers of the appellate bodies, their independence, the transparency of decision-making, and the time limits for appeals, investigations and final decisions.

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The above is from a blog by Aoife McMahon published in the Irish Law Times (2011), No. 11, pp. 147-151 and The Researcher (2012), Vol. 7, Issue 2, pp. 22-28.