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EDAL case summaries

UK - R (FR and KL (Albania)) v Secretary of State for the Home Department, 23 June 2016

Country of Decision: United Kingdom
Country of Applicant: Albania
Keywords: Best interest of the child, Child Specific Considerations, Country of origin information, Credibility assessment, Internal protection, Manifestly unfounded application, Medical Reports/Medico-legal Reports, Membership of a particular social group, Non-state actors/agents of persecution, Personal circumstances of applicant, Protection, Real risk, Refugee Status, Safe country of origin, Vulnerable person, Well-founded fear

This case dealt with the issue of whether the Secretary of State’s certification of the asylum claims of the two independent applicants as “clearly unfounded” was flawed on public law grounds, and the important difference between a decision on refugee status itself and a decision on a claim being “clearly unfounded”.
 
Date: 23-06-2016

ECtHR – M. K. v France, Application No. 76100/13, 1 September 2015

Country of Applicant: Algeria
Keywords: Inhuman or degrading treatment or punishment, Manifestly unfounded application, Non-refoulement, Non-state actors/agents of persecution, Personal circumstances of applicant, Real risk, Refugee sur place, Well-founded fear

The obligations imposed by Article 3 ECHR do not prevent contracting states from taking into account the possibility of relocation. Where appropriate, contracting states can expect an applicant to relocate to another part of his country of origin in order to avoid persecution.
Date: 01-09-2015

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