EDAL case summaries
Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Access to the labour market, Armed conflict, Burden of proof, Country of origin information, Credibility assessment, Duty of applicant, Indiscriminate violence, Obligation/Duty to cooperate, Persecution (acts of), Personal circumstances of applicant
The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response
Date: 02-12-2014
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
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Burden of proof, Real risk, Subsidiary Protection, Armed conflict, Indiscriminate violence, Individual threat, Serious harm
This case concerned the appropriate manner in which an application for subsidiary protection is to be decided where there may be at least an implicit claim of a “serious and individual threat” to the applicant by reason of indiscriminate violence. The Court found that Article 15(c) of the Directive does not impose a free-standing obligation on the Minister to investigate a possible armed conflict situation, it is for the applicant to make this claim and to make submissions and offer evidence establishing that he is from a place where there is a situation of...
Date: 14-01-2010
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- Armed conflict 3
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- Duty of applicant 1
- Inhuman or degrading treatment or punishment 1
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- Persecution (acts of) 1
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- Real risk 1
- Religion 1
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