EDAL case summaries
It is not reasonably likely that a draft-evader would face criminal/administrative proceedings in Ukraine but there is a real risk that a person sentenced to imprisonment in Ukraine would be detained on arrival there and that detention conditions would breach Article 3 ECHR.
In the course of an asylum procedure, the statements of the asylum seeker have to be assessed integrally. This includes, inter alia, an analysis of (up-to-date) country reports. However, such analysis is not carried out in a sufficient manner where there are only superficial references to the country of origin information. Rather, it is required that the information contained is actually taken into consideration when taking the decision, applied to the specific circumstances of each case and compared to the information provided by the asylum seeker(s).
...The conditions for applying an exclusion clause can be fulfilled without considering if there are grounds for granting protection.
The Ministry of Interior is obliged to consider whether the conditions for granting subsidiary protection are fulfilled even when the application for international protection is dismissed as manifestly unfounded when it is clear that the applicant is making an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in his or her removal, and if the applicant has failed without reasonable cause to make his or her application earlier, having had opportunity to do so.
It is important to inquire whether there are elements relative to the situation of homosexuals in their country which enable them to be considered as forming a group whose members would face a risk of persecution, for reasons of common characteristics which define them in the eyes of the authorities and society.
The judgment defined a particular social group as a group of persons that objectively share common characteristics or who at least are perceived to do so by society. This characteristic is often of an innate and unchangeable nature or is otherwise fundamental to human identity, conscience or to the exercise of those particular persons’ human rights. This characteristic cannot be constituted by the risk of persecution itself.
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- Persecution Grounds/Reasons 3
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- Assessment of facts and circumstances 2
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- Death penalty / Execution 1
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