Up-1187/06

The statutory criterion that an asylum application may be rejected in summary proceedings if it is obvious from the asylum seeker's application that he/she is not threatened with persecution (item 2 of paragraph 2 of Article 35 of the Asylum Act), is fulfilled only in cases in which the asylum seeker alleges only such factual circumstances which can by no means entail persecution. If a competent authority must evaluate and review the degree of the intensity of the alleged violations of human rights in accordance with the conditions determined in the Geneva Convention in order to decide whether the asylum seeker is manifestly not threatened with persecution, it cannot be obvious from the application that the asylum seeker is not threatened with persecution. As the Supreme Court's decision is manifestly erroneous, it is inconsistent with the guarantee of the equal protection of rights determined in Article 22 of the Constitution.