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EDAL case summaries

Czech Republic - Supreme Administrative Court, 26 March 2008, A.H.M. v. Ministry of the Interior, 2 Azs 71/2006-82

Country of Decision: Czech Republic
Country of Applicant: Nigeria
Keywords: Standard of proof, Real risk, Well-founded fear, Persecution (acts of), Serious harm, Non-refoulement

The Supreme Administrative Court defined the standard of proof of a “reasonable likelihood” of persecution and a “real risk” of serious harm. Where these criteria are met, the court must give precedence to international commitments and not apply the mandatory national rules of procedure (e.g. for an action that is out of time).
Date: 26-03-2008

Belgium - Council for Alien Law Litigation, 11 March2008, No. 8512

Country of Decision: Belgium
Country of Applicant: Rwanda
Keywords: Genocide, Previous persecution, Well-founded fear

Extremely serious previous persecution was sufficient to establish a well-founded fear of persecution even when it appeared unlikely to recur. 
Date: 11-03-2008

Austria - Constitutional Court, 6 March 2008, B2400/07 - B2418/07

Country of Decision: Austria
Country of Applicant: Russia (Chechnya)
Keywords: Inhuman or degrading treatment or punishment, Dublin Transfer, Procedural guarantees, Family unity (right to), Health (right to), Reception conditions, Vulnerable person

A decision to expel an applicant with post-traumatic stress disorder to Poland did not violate Art 3 ECHR. The Member States guarantee, in accordance with Art 15 of the Reception Conditions Directive, to provide asylum applicants with the necessary medical treatment. Only in very exceptional cases does an expulsion violate Art 3 ECHR, even less frequently in cases of expulsions under the Dublin II regulation.
Date: 06-03-2008

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