EDAL case summaries
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Indiscriminate violence, Individual assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal armed conflict, Non-state actors/agents of persecution, Personal circumstances of applicant, Real risk, Standard of proof, Subsidiary Protection, Torture
The actual risk of inhuman treatment or punishment by the Taliban because of desertion from one of their forced recruitment training camps can justify a deportation ban according to clause 60 (2) of the Residence Act (Article 15(b) of the Qualification Directive) in the case of Afghanistan.
Targeted criminal violence is defined in Article 15 (b) of the Qualification Directive (clause 60 (2) of the Residence Act) but not in Article 15 (c) of the Qualification Directive (clause 60 (7) p. 2 of the Residence Act), because in this context there is no specific risk of an internal armed...
Date: 06-03-2012
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Country of origin information, Individual assessment, Non-refoulement, Personal circumstances of applicant, Relevant Documentation, Residence document, Subsidiary Protection, Torture
A permit to stay, granted on humanitarian grounds to a foreigner whose application for asylum has been rejected until such time as it becomes feasible for him to go abroad, is of a temporary nature. It is possible to extend the validity of such a permit if there are exceptional circumstances relating to the prevailing situation in the foreigner's country of origin and/or relating to his personal circumstances. When an application to extend a permit to stay is submitted, the Administration should examine any exceptional grounds that may have been put forward.
Date: 10-02-2009
Country of Applicant: Sri Lanka
Keywords: Credibility assessment, Effective remedy (right to), Inhuman or degrading treatment or punishment, Manifestly unfounded application, Medical Reports/Medico-legal Reports, Membership of a particular social group, Personal circumstances of applicant, Procedural guarantees, Protection, Real risk, Refugee Status, Torture
The case involved a Sri Lankan asylum seeker whose application was rejected in Germany, and upon seeking asylum in the UK, was rejected on the basis of the Dublin Convention and that his application corresponded to Germany. The Court found no breach of a Convention obligation from the UK by its decision to remove him to Germany.
Date: 07-03-2000
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- Assessment of facts and circumstances 2
- Individual assessment 2
- Inhuman or degrading treatment or punishment 2
- Real risk 2
- Subsidiary Protection 2
- Country of origin information 1
- Credibility assessment 1
- Effective remedy (right to) 1
- Indiscriminate violence 1
- Individual threat 1
- Internal armed conflict 1
- Manifestly unfounded application 1
- Medical Reports/Medico-legal Reports 1
- Membership of a particular social group 1
- Non-refoulement 1
- Non-state actors/agents of persecution 1
- Procedural guarantees 1
- Protection 1
- Refugee Status 1
- Relevant Documentation 1
- Residence document 1
- Standard of proof 1
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- Afghanistan 2
- Sri Lanka 1
