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The situation in Iraq may be considered as being an internal armed conflict thus justifying the grant of subsidiary protection.
On top of the usual conditions, the tribunal takes into consideration climate conditions and the consequences on the population in its examination of a subsidiary protection application.
Material dependency is a sign of the dependency of a family member on the applicant and it can be established in many different ways.
The criminalisation of homosexuality and aggressions at the place of residence of the applicant constitute indications as to the existence of persecution. However, if it is only in the appearance, then internal flight is a possibility if the applicant stops his prostitution activities.
The presumption of minority does not apply when bone testing shows the applicant’s majority and when a doctor does not express doubts on the results. The tribunal did not request further tests.
If the applicant comes from a “safe” country, they must be able to prove that there is no protection as understood in the 1951 Geneva Convention, otherwise his application will be rejected.
Where an asylum application is made by an unaccompanied child, the tribunal must take into consideration the best interests of the child in its examination (for example, education). The decision includes a presumption of minority that the tribunal must rebut in order to allow for the transfer of the applicant.
Article 10 of Dublin III is inapplicable; Articles 9, 10 and 11 of the regulation provide for three different procedural situations, the applicant’s claim could lead to a separation of the family.
A new Constitution accompanied by a new Constitutional Court illustrates the existence of a protection system as per the 1951 Geneva Convention in the relevant country.
Regarding family reunification, individuals can be considered as belonging to the same family if there is a clear economic dependency, not merely because they have biological ties. In order to establish this dependency, the judge may use both national and international sources.
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