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EDAL case summaries

Switzerland – Federal Administrative Court, 5th September 2017, E-305/2017

Country of Decision: Switzerland
Country of Applicant: Morocco
Keywords: Dublin Transfer, Individual threat, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Non-refoulement, Real risk, Refugee Status, Request to take back, Responsibility for examining application, Serious harm, Torture
According to the principle of non-Refoulement, Switzerland is obliged to apply Art. 17 Dublin-III-Regulation, examining an asylum application, if otherwise a provision of public international law could be infringed. 
 
That is the case when there is substantial evidence indicating that an asylum seeker will be tortured again in his home country, but the originally responsible state denied asylum and decided to deport the person. It needs to be examined, whether and to what extent the authorities...
Date: 05-09-2017

France – National Court of Asylum, 31 May 2017, Mr. O., No. 16014463

Country of Decision: France
Country of Applicant: Mongolia
Keywords: Assessment of facts and circumstances, Country of origin information, Discrimination, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Previous persecution, Real risk, Refugee Status, Sexual orientation, Well-founded fear

An applicant may be granted refugee status under Article 1 of the 1951 Geneva Convention for fear of persecution based on sexual orientation. This depends on whether or not, according to the conditions prevailing in the country of origin, persons sharing a sexual orientation may be regarded as a social group within the meaning of the Convention.
Date: 31-05-2017

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