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EDAL case summaries

Greece - Council of State, 22 March 2011, Application No. 886/2011

Country of Decision: Greece
Country of Applicant: Bangladesh
Keywords: Credibility assessment, Duty of applicant, Obligation to give reasons, Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Relevant Documentation, Religion, Well-founded fear

A foreigner who wishes to be placed under the special protection of refugee status must show the Administration, with reasonable clarity and in an objectively reasoned way, that there are specific facts which cause him to have a fear of persecution for reasons of race, religion, nationality, social group or political opinion. If such substantive claims have not been submitted, but only general, vague or manifestly unfounded claims; or if specific facts have indeed been cited but these do not establish grounds for refugee status, then there is no obligation to give specific reasons for...
Date: 22-03-2011

Greece - Council of State, 5 July 2007, 1628/2007

Country of Decision: Greece
Keywords: Burden of proof, Obligation to give reasons, Procedural guarantees, Protection, Relevant Documentation, Well-founded fear

Application for annulment of a decision by the Minister of Public Order

 

This case concerned the interpretation of Presidential Decree 61/1999 in light of Directive 2004/83/EC andexamined the reasoning of the Administration's decision in an application for recognition as a refugee, in an appeal for annulment. The minutes of the Advisory Committee should cite not only the interested party's claims but also the content of the questions put by members of the Committee and the alien's responses, as well as a detailed assessment of the claims and of any documentation or other...
Date: 05-07-2007

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