EDAL case summaries
Country of Decision: Belgium
Country of Applicant: Iraq
Keywords: Assessment of facts and circumstances, Obligation/Duty to cooperate, Personal circumstances of applicant, Individual threat, Religion
The CALL refers to the judgment in the case M. M. vs Minister for Justice, Equality and Law Reform, Ireland, Attorney General by the Court of Justice of the European Union in relation to the interpretation of Article 4 of Directive 2004/83/EC to point out the obligation of Member States to cooperate in establishing the relevant elements in the asylum-seeker's story and thus to carry out a further examination of the specific situation of the asylum seeker.
Date: 03-01-2013
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Country of origin information, Credibility assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal protection, Persecution (acts of), Protection, Race, Serious harm, Standard of proof, Subsidiary Protection, Well-founded fear
The Applicant’s objective fear was not considered well-founded as persecution was not considered reasonably likely. It was held that there was a reasonable likelihood that, should he return, the Applicant would be forced to live as an internally displaced person in degrading conditions because he lacked the family network that would be required in order to reintegrate him into his homeland socially and financially. Exposure to extreme living conditions constitutes degrading treatment and deporting a person to a country where he would be subject to such conditions violates Article 3 of the...
Date: 19-01-2012
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