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The fact that an asylum seeker has already been persecuted in the past or has been subject to direct threats of persecution, was considered as a well-founded argument to believe that the applicant would face the risk to be persecuted under Article 1, Section A §2 of the 1951 Refugee Convention.
The Court concluded on the immediate release of an Egyptian national from detention. The judgment referred to the detention conditions for vulnerable persons that suffer from serious health conditions during the Covid-19 pandemic.
In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.
Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such...
This appeal considered what the correct approach is to the assessment of medical evidence in asylum claims alleging torture. Hence, it was declared that decision-makers can receive assistance from medical experts who are able to offer an opinion about the injury inflicted. The Supreme Court unanimously allowed the appeal and remitted KV’s appeal against the refusal of asylum to the Upper Tribunal for fresh determination.
The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.
The impossibility to proceed with an asylum applicant’s transfer to another Member State responsible for examining the asylum application is established once there is a clear and real risk for the interested party to be subject to torture or inhuman or degrading treatments within the meaning of articles 3 of the European Convention on Human Rights (ECHR) and 4 of the Charter of Fundamental Rights of the European Union (CFREU), even in the absence of having serious reasons to believe there are systemic failures in the Member State’s asylum system.
The complainant, a Somali Citizen and a Sufi Muslim from Jaameel Sheen, Hiiraan Region, Somalia, had been detained and tortured by al-Shabaab due to teaching English.
Based on a consistent account in accordance with a medico-legal report from a torture investigation and country of origin information the Board found the applicant profiled in relation to al-Shabaab.
The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).
National authorities can order experts’ reports with the purpose of assisting in the assessment of the facts and circumstances relating to a declared sexual orientation of an applicant, provided that the procedures for these reports are consistent with fundamental rights. However, the examining authority, courts or tribunal must not base their decision solely on the conclusions of an expert’s report and are not bound by these conclusions when assessing the applicant’s statements relating to his or her sexual orientation.
Moreover, national...
An asylum applicant who was a victim of previous persecution in their country of origin can be granted refugee status under article 1, C 5) of the Geneva Convention. This is because, due to the severity of the treatment applied, the applicant’s fear is exacerbated to such an extent that, even if the persecution has ceased to exist, a return to the country of origin would be unthinkable.
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- Credibility assessment 27
- Inhuman or degrading treatment or punishment 19
- Refugee Status 17
- Torture 16
- Assessment of facts and circumstances 15
- Detention 12
- Dublin Transfer 12
- Real risk 12
- Burden of proof 11
- Country of origin information 11
- Subsidiary Protection 11
- Vulnerable person 11
- Personal circumstances of applicant 9
- Procedural guarantees 9
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- Standard of proof 8
- Child Specific Considerations 7
- Health (right to) 7
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- Reception conditions 7
- Sexual orientation 7
- Effective remedy (right to) 6
- Political Opinion 6
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- Best interest of the child 5
- Country of origin 5
- Effective access to procedures 5
- Gender Based Persecution 5
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- Internal protection 5
- Previous persecution 5
- Relevant Facts 5
- Serious harm 5
- Benefit of doubt 4
- Duty of applicant 4
- Manifestly unfounded application 4
- Non-refoulement 4
- Personal interview 4
- Protection 4
- Request to take back 4
- Safe country of origin 4
- Unaccompanied minor 4
- Accelerated procedure 3
- Legal assistance / Legal representation / Legal aid 3
- Non-state actors/agents of persecution 3
- Obligation to give reasons 3
- Persecution (acts of) 3
- Subsequent application 3
- Accommodation centre 2
- Exclusion from protection 2
- Family unity (right to) 2
- Inadmissible application 2
- Indiscriminate violence 2
- Internal armed conflict 2
- Nationality 2
- Race 2
- Request that charge be taken 2
- Responsibility for examining application 2
- Right to remain pending a decision (Suspensive effect) 2
- Access to the labour market 1
- Cessation of protection 1
- Circumstances ceased to exist 1
- Delay 1
- Discrimination 1
- Family member 1
- Family reunification 1
- Female genital mutilation 1
- Final decision 1
- First country of asylum 1
- Material reception conditions 1
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- Revocation of protection status 1
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- Somalia 5
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- Congo (DRC) 3
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- Albania 2
- Bosnia and Herzegovina 2
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