EDAL case summaries
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Country of origin, Credibility assessment, Final decision, Individual threat, Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Refugee Status, Return, Subsidiary Protection, Well-founded fear
An application for international protection lodged by an Afghan who illegally entered Austria was rejected. The Court found that the applicant had no well-founded fear of persecution in his country of origin nor was he to be granted the subsidiary protection status.
Date: 29-11-2013
Country of Decision: Hungary
Country of Applicant: Turkey
Keywords: Non-refoulement, Obligation to give reasons, Refugee Status, Subsidiary Protection, Terrorism
The court ordered the Office of Immigration and Nationality to conduct new proceedings. The mere fact that national security risk factors arise vis-à-vis a person is not sufficient reason to exclude them from refugee or subsidiary protection status.
Date: 25-09-2012
Country of Decision: Greece
Country of Applicant: Turkey
Keywords: Exclusion from protection, Non-refoulement, Persecution Grounds/Reasons, Refugee Status, Relevant Documentation, Stateless person, Subsequent application, Subsidiary Protection, Well-founded fear
The General Secretary of the Ministry of Public Order, having had an application for asylum referred back to it, considered whether the submitted evidence was “new and crucial”. If so, an ab initio examination of the application would be ordered. Failure to give notification of an act does not affect its validity, but only the start of the deadline for submitting an application for its annulment. The copy of the Turkish Government Gazette which promulgated the decision regarding withdrawal of the Applicant's nationality, was new and crucial evidence. There was no justification...
Date: 25-10-2011
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