EDAL case summaries

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 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.