Question to the Home Office:

To ask Her Majesty’s Government, further to the Written Answer by Lord Bates on 19 October (HL2532), which specific elements of European law require the right to challenge an adverse asylum decision via an effective remedy; and whether the nature of such a remedy is prescribed.

Article 39 of the Asylum Procedures Directive requires that EU member states must provide an effective remedy before a Court or Tribunal in respect of a decision taken on a person’s asylum application.

The nature of the remedy is not prescribed beyond requiring it to be before a Court or Tribunal.