KKO 964/2007
Generato dall'IA
Supreme Court dismisses appeal regarding lower court's duty to examine secondary asylum claim.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the appeal against the District Court's decision to reject the applicant's secondary asylum claim without examination. The applicant argued that the lower court erred by failing to review the secondary request after rejecting the primary one. The court held that the lower court was not obligated to examine the secondary claim when the primary claim was rejected on merits.
Regesto Legislator
Generato dall'IASection 10 of the Asylum Act 2004; Section 10 of the Asylum Act 2004: When a primary asylum claim is rejected on merits, the lower court is not required to examine a secondary claim unless specific procedural conditions are met.
Parole chiave
Generato dall'IA
secondary asylum claim
primary claim rejection
lower court duty
procedural obligation
asylum examination
vizio di procedura
vizio formale
vizio del consenso
Disposizioni normative citate
Generato dall'IASection 10 of the Asylum Act 2004
Decisioni correlate
Generato dall'IAkko-other_2018_2306
Supreme Court allows appeal against lower court's award of price reduction and damages for construction defects.
kko-precedent_2000_96
Supreme Court remands case for retrial on damages amount due to appellate court's failure to investigate missing facts.
kko-other_2003_555
Supreme Court dismisses appeal when lower court relies on facts not raised in the permitted settlement case.
kko-other_2010_2476
Supreme Court dismisses appeal regarding defense lawyer's claim for travel expenses due to lack of court ruling.
kko-other_2008_1740
Supreme Court allows claim for costs of terminated cooperation agreement where contract was validly formed despite potential loss.
Testo completo
Kysymys ensisijaisen kanteen hylänneen hovioikeuden velvollisuudesta tutkia kantajan toissijainen vaatimus.