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Country of Decision: Austria
Country of Applicant: Russia
Keywords: Benefit of doubt, Dublin Transfer, Duty of applicant, Medical Reports/Medico-legal Reports, Personal circumstances of applicant, Personal interview, Standard of proof, Vulnerable person
Traumatised people and those who have suffered otherwise psychologically and physically from flight behave differently when giving evidence compared with healthy people. This can mean that the full submissions relevant to asylum are not provided at the start of the proceedings or the traumatisation itself is not mentioned. These circumstances are to be taken into account during the ban on new evidence.
Date: 17-04-2007
Country of Decision: Germany
Country of Applicant: Turkey
Keywords: Exclusion from protection, Crime against humanity, Serious non-political crime, Acts contrary to the purposes and principles of the UN, War crimes, Non-refoulement, Standard of proof, Terrorism
Exclusion from refugee status on the grounds of serious non-political crimes is only permissible if the applicant still poses a threat. The Court found that an applicant from Turkey, who had been subject to past persecution, was not sufficiently safe from renewed persecution if returned.
Date: 27-03-2007
Country of Decision: Sweden
Country of Applicant: Unknown
Keywords: Assessment of facts and circumstances, Benefit of doubt, Credibility assessment
The Migration Court of Appeal concluded that the Migration Court made an error in carrying out a credibility assessment before evaluating the evidence. The Migration Board and the Courts must first consider if an applicant was able to make his or her account plausible based on the evidence relied on, and only thereafter make a credibility assessment.
The Court emphasised that an applicant may have the advantage of the benefit of the doubt if his or her account appears credible. In this case, the applicant was deemed not credible and therefore the benefit of the doubt was not applied...
Date: 19-03-2007
Country of Decision: United Kingdom
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Refugee Status, Unaccompanied minor
For the purposes of assessing whether a child is a member of a particular social group, a person's age is an immutable characteristic.
Date: 15-03-2007
Country of Decision: France
Country of Applicant: Iran
Keywords: Dublin Transfer, Family member, Family unity (right to), Humanitarian considerations, Responsibility for examining application
The presence of an adult asylum applicant’s sibling in an EU Member State entails no obligation for that State to apply Art 7 Dublin Regulation, as siblings are not included in the definition of family members in Art 2(i). This was the case even though the applicant’s brother had been granted refugee status and, subsequently, citizenship in France.
Date: 02-03-2007
Country of Decision: Czech Republic
Country of Applicant: Unknown
Keywords: Assessment of facts and circumstances, Actors of protection, Actor of persecution or serious harm
Where reports from applicant’s country of origin establish that the minority group to which the applicant belongs is a target of discrimination and persecution from the authorities and police, the applicant’s claim cannot be refused on the grounds that he/she had not asked the authorities for protection and failed to exhaust all legal means available.
Date: 28-02-2007
Country of Decision: France
Country of Applicant: Angola
Keywords: Persecution Grounds/Reasons, Political Opinion, Assessment of facts and circumstances, Well-founded fear
In order to assess the persecution fears of a person in case of return to his/her country of origin, concrete modes in which such a return will most likely take place must be taken into consideration.
Date: 16-01-2007
Country of Applicant: Somalia
Keywords: Effective remedy (right to), Individual assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal protection
This case concerns how internal protection alternatives should be assessed when identifying whether there is a real risk of a violation of Art. 3 ECHR in the country of origin. It also concerns generalized violence and an individual assessment of risk in Somalia. The Court held that the Applicant’s expulsion to Somalia would be in violation of Art. 3 of the Convention and that there was no violation of Art. 13.
Date: 11-01-2007
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