EDAL case summaries
Country of Decision: Spain
Country of Applicant: Unknown
Keywords: Best interest of the child, Dependant (Dependent person), Protection
The applicant appeals against the ruling passed by the Directorate General of Domestic Policy on 14th February 2014, issued at the request of the Ministry, denying his application for international protection and against the ruling passed on 19th February 2014, denying his request for a review of his application, both denied in compliance with the Law. The applicant has requested residence in Spain on humanitarian grounds given that he has a son who is a minor and is of Spanish nationality. He invokes his right to remain at his son’s side to care for him. ...
Date: 26-07-2016
Country of Decision: Spain
Country of Applicant: Kazakhstan
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Protection
The Supreme Court held that the National High Court of Spain (Audiencia Nacional) erred in annulling the General Deputy Director of Asylum’s decision to reject the Appellant’s request for international protection because the National High Court of Spain failed to consider the substance of the Appellant’s request for asylum.
Date: 23-02-2015
Country of Decision: Spain
Country of Applicant: Kazakhstan
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Protection
The Supreme Court declared that the National High Court erred when annulling the decision of the General Sub-Directorate for Asylum (Ministry of Interior) to reject the Appellant’s request for international protection. The National High Court annulled the decision but did not consider the Appellant’s core claim: the request for international protection.
As the National High Court was in possession of all necessary facts required to decide on the substance of the request by the Appellant for international protection, it should have been able to determine as such. As a result, the...
Date: 23-02-2015
Country of Decision: Spain
Country of Applicant: Ghana
Keywords: Cessation of protection, Medical Reports/Medico-legal Reports, Protection, Relevant Documentation, Unaccompanied minor
The Supreme Court held that an immigrant whose passport or equivalent identity document reveals their minority cannot be subjected to additional tests in order to determine his age unless a proportionality judgment about the document’s reliability has first been carried out. The Court also held that medical techniques to determine an age cannot be applied indiscriminately.
Date: 23-09-2014
Country of Decision: Spain
Country of Applicant: Algeria
Keywords: Membership of a particular social group, Gender Based Persecution, Non-state actors/agents of persecution, Previous persecution, Protection
The Ministry of Interior rejected the asylum claim of an Algerian woman who requested protection based on gender persecution by a non-state agent. The High National Court, on appeal, ruled that gender is considered as a “particular social group” and that it is not necessary that the persecution is carried out by state actors but also by non-state actors under certain circumstances. The applicant was granted Refugee status.
Date: 13-01-2009
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