Up-2214/06

A statutory condition for deciding in an accelerated asylum procedure that the complainant's application may be dismissed as manifestly unfounded if it clearly follows from the application that the complainant is manifestly not threatened by persecution (the second indent of the second paragraph of Article 35 of the Asylum Act) is fulfilled only in cases in which the asylum applicant alleges such actual circumstances which cannot by any means entail persecution. If in order to adopt a decision that the asylum applicant is manifestly not threatened by persecution a competent authority must asses and decide on the degree of intensity of the alleged violations of human rights in accordance with the conditions determined in the Geneva Convention, it cannot be clear already from the application that the applicant is not threatened by persecution. Due to the fact that such position of the Supreme Court is manifestly erroneous, it is inconsistent with the guarantee of the equal protection of rights determined in Article 22 of the Constitution.