EDAL case summaries
Country of Applicant: Sudan
Keywords: Burden of proof, Country of origin information, Credibility assessment, Effective remedy (right to), Individual threat, Internal armed conflict, Political Opinion, Refugee sur place, Relevant Documentation
Swiss deportation to Sudan of non-high-profile political opponent of Sudanese government would risk inhuman or degrading treatment contrary to Article 3.
Date: 07-01-2014
Country of Decision: Hungary
Country of Applicant: Afghanistan
Keywords: Actor of persecution or serious harm, Burden of proof, Inhuman or degrading treatment or punishment, Internal armed conflict, Medical Reports/Medico-legal Reports, Subsidiary Protection
Rather than dismissing the application, the Court recognised the subsidiary protection status of the Applicant, as his/her return to the country of origin would lead to the risk of serious harm (inhuman, degrading treatment or indiscriminate violence).
Date: 23-05-2013
Country of Decision: United Kingdom
Country of Applicant: Somalia
Keywords: Armed conflict, Burden of proof, Credibility assessment, Indiscriminate violence, Individual threat, Inhuman or degrading treatment or punishment, Internal armed conflict, Persecution Grounds/Reasons, Religion, Serious harm, Subsidiary Protection
In this case the Tribunal considered the general country situation in Somalia as at the date of decision for five applicants, both men and women from Mogadishu, south or central Somalia, Somaliland and Puntland. The risk of female genital mutilation (FGM) was also considered.
Date: 28-11-2011
Country of Decision: United Kingdom
Country of Applicant: Somalia
Keywords: Burden of proof, Credibility assessment, Indiscriminate violence, Internal armed conflict, Internal protection, Serious harm, Subsidiary Protection
In this case the Court applied the CJEU’s decision in Elgafaji and the UK Court of Appeal’s decision in QD and AH (see separate summary on EDAL) and considered whether UK Immigration Tribunals had jurisdiction to consider Art 15 (c) in cases where removal directions had not been set. The specific issue concerned the risk of indiscriminate violence en route from Mogadishu to a safe area. It further considered and made important obiter comments...
Date: 23-04-2010
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- Credibility assessment 3
- Subsidiary Protection 3
- Indiscriminate violence 2
- Individual threat 2
- Inhuman or degrading treatment or punishment 2
- Serious harm 2
- Actor of persecution or serious harm 1
- Armed conflict 1
- Country of origin information 1
- Effective remedy (right to) 1
- Internal protection 1
- Medical Reports/Medico-legal Reports 1
- Persecution Grounds/Reasons 1
- Political Opinion 1
- Refugee sur place 1
- Relevant Documentation 1
- Religion 1
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- Somalia 2
- Afghanistan 1
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