You are here

Home › Medical Reports/Medico-legal Reports › Persecution (acts of) ›

EDAL case summaries

Poland- The Supreme Administrative Court, 22 June 2017, II OSK 23366/16

Country of Decision: Poland
Country of Applicant: Russia (Chechnya)
Keywords: Assessment of facts and circumstances, Best interest of the child, Child Specific Considerations, Individual threat, Internal protection, Medical Reports/Medico-legal Reports, Persecution (acts of), Procedural guarantees, Refugee Status, Relevant Documentation, Subsidiary Protection

Following the appeal of the Children’s Rights Ombudsman, the Supreme Administrative Court set aside the order of the Regional Administrative Court, in relation to a challenge to the decision of the Polish Refugee Board, and set aside the aforementioned decision to refuse tolerated stay, dismissing the appeal in all other respects.

The court justified its decision with reference to the procedural errors of the Polish Refugee Board, which included failing to gather evidence in an appropriate manner and inappropriately establishing the facts relating to the Applicant’s children....
Date: 22-06-2017

Hungary - Metropolitan Court, 17 January 2012, M.A.A. v Office of Immigration and Nationality (OIN), 6.K.34663/2009/36

Country of Decision: Hungary
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Credibility assessment, Medical Reports/Medico-legal Reports, Nationality, Persecution (acts of), Political Opinion

The Syrian Kurdish Applicant has been persecuted and tortured for his nationality and imputed political opinion.
Date: 17-01-2012

Ireland - High Court, 28 September 2010, R.M.K. (DRC) v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform 2010 IEHC 367

Country of Decision: Ireland
Country of Applicant: Congo (DRC)
Keywords: Credibility assessment, Medical Reports/Medico-legal Reports, Previous persecution, Persecution (acts of), Torture

This case concerned the consideration of expert medical evidence by asylum decision makers and the link with the assessment of credibility. The Court found that the Refugee Appeals Tribunal failed adequately to consider strong medical evidence relating to torture in assessing the overall credibility of the applicant’s refugee claim. The Court also found that it is incumbent upon the asylum decision maker to give reasons for rejecting the contents of medico-legal reports, especially those with a high probative value.
Date: 28-09-2010

Filter by case summary type

Filter by date

Filter by country of applicant

Filter by country of decision