EDAL case summaries
This case concerns the State’s obligation under Article 19(3) of the Reception Direction to trace the family members of unaccompanied child asylum applicants. The Court considers the effect on their claims where there is a failure by the State to carry out that duty.
In this case the applicants argued unsuccessfully that the decision of the UK designated authority for determining asylum claims (the Secretary of State for the Home Department) regarding an applicant’s age should be accepted by other government bodies.
If a subsequent asylum application is based on circumstances which the applicant has created by his own decision, refugee status shall not be granted if the applicant was able to develop his own political conviction at the time of the (termination of the) preceding asylum procedure. This can be assumed to be the case at the age of 16, or at the age of 18 at the latest.
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- Best interest of the child 1
- Credibility assessment 1
- Persecution Grounds/Reasons 1
- Political Opinion 1
- Refugee sur place 1
- Subsequent application 1