EDAL case summaries
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Country of origin information, Duty of applicant, Political Opinion, Refugee Status, Religion, Subsidiary Protection, Torture
When deciding whether refugee status should be available , one must not only consider any pre-persecution but also post-flight circumstances. Judged on a forward looking basis of persecution of political enemies within Syrian territory, upon return to Syria there continues to be a danger of individual persecution including human rights violations by reason of belonging to a certain group.
Date: 07-10-2016
Country of Decision: Germany
Country of Applicant: Russia (Chechnya)
Keywords: First country of asylum, Inadmissible application, Refugee Status, Revocation of protection status, Subsidiary Protection
A renewed application for asylum in a second country is admissible if the nature of international protection applied for differs from the protection already granted. Deportation to the country of the first application or the country of origin is not to be taken into account in this situation.
Date: 11-09-2016
Country of Decision: Germany
Country of Applicant: Somalia
Keywords: Inadmissible application, Refugee Status, Relevant Facts, Subsidiary Protection
An application for asylum filed prior to 20 July 2015 cannot be considered inadmissible because subsidiary protection has already been granted by another Member State (if the protection applied for is more favourable than the existing protection). The assessment of the admissibility of an application for asylum filed prior to 20 July 2015 is subject to the laws, regulations and administrative provisions adopted pursuant to the now superseded Asylum Procedures Directive (Directive 2005/85/EU) which provided for inadmissibility of an application for asylum if refugee status had already been...
Date: 04-08-2016
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Dublin Transfer, Inadmissible application, Refugee Status, Responsibility for examining application, Subsidiary Protection
The rules of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (“International Protection Directive”) do not prohibit the review of an application for asylum in Germany in a case where an applicant has previously been granted subsidiary protection in another Member State, if such application for asylum has been filed before 20 July 2015. This is because the inadmissibility of applications filed before 20 July 2015 is governed by the Council Directive 2005/85/EC of 1 December 2005 on...
Date: 23-10-2015
Country of Decision: Germany
Country of Applicant: Russia
Keywords: Acts contrary to the purposes and principles of the UN, Crime against humanity, Exclusion from protection, Inhuman or degrading treatment or punishment, International armed conflict, Previous persecution, Refugee Status, Serious non-political crime, Standard of proof, Subsidiary Protection, Torture, War crimes
This case concerned exclusion from refugee status on the basis of a war crime and a serious non-political crime.
A Chechen who was involved in the Second Chechen War - outside of the general combat action - in the killing and wounding of Russian soldiers and the kidnapping of a Russian officer to force the release of another Chechen is at risk of being exposed to torture or at least inhuman or degrading treatment or punishment in the Russian Federation.
Date: 26-07-2012
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- EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council 3
- EN - Recast Qualification Directive, Directive 2011/95/EU of 13 December 2011 3
- EN - Dublin III Regulation, Council Regulation (EC) No. 604/2013 of 26 June 2013 (recast Dublin II Regulation) 2
- EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 2
- EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005 1
- EN - Charter of Fundamental Rights of the European Union 1
- EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003 1
- Treaty on the Functioning of the European Union 2010/C 83/01 1
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