EDAL case summaries
Country of Decision: Austria
Country of Applicant: Ukraine
Keywords: Assessment of facts and circumstances, Country of origin information, Individual assessment, Internal protection, Obligation to give reasons, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Refugee Status, Relevant Facts, Subsidiary Protection
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).
... Date: 17-11-2016
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Discrimination, Gender Based Persecution, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Refugee Status, Religion, Well-founded fear
Neither the Applicant, who was approximately nine years old at the time of the decision, nor her parents had submitted reasons for persecution specifically relevant to the Applicant in the proceedings at the court of first instance or in the appeal. Despite this, the Asylum Court reached the conclusion – amongst other things after a personal hearing of the Applicant – that the Applicant would be persecuted directly by the state or privately in Afghanistan owing to her membership of a particular social group and the religious-political attitude to which she would be subjected. In doing so...
Date: 06-12-2012
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