EDAL case summaries
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Burden of proof, Child Specific Considerations, Individual assessment, Membership of a particular social group, Obligation to give reasons, Persecution Grounds/Reasons, Procedural guarantees, Protection, Race, Real risk, Reception conditions, Refugee Status, Standard of proof, Subsidiary Protection, Unaccompanied minor, Well-founded fear
This case concerned fear of persecution for reasons of race and membership of a particular social group. The provisions of Article 1(4) of Presidential Decree 61/1999, which should be interpreted with reference to Articles 3 and 22 of the Convention on the Rights of the Child, recognize the special circumstances of asylum applications submitted by unaccompanied minors, for whom special procedural guarantees have been established. When examining asylum applications submitted by unaccompanied minors one must consider the Applicants' maturity and level of mental development; take into...
Date: 31-12-2008
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Burden of proof, Child Specific Considerations, Individual assessment, Membership of a particular social group, Obligation to give reasons, Persecution Grounds/Reasons, Procedural guarantees, Protection, Race, Real risk, Reception conditions, Refugee Status, Standard of proof, Subsidiary Protection, Unaccompanied minor, Well-founded fear
Application for annulment of a decision by the Minister of Public Order
The case addressed the absence of procedural guarantees in the context of appointing a Commissioner and assessing the applicant’s level of maturity with regard to the need for special treatment of an unaccompanied minor.
The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.
The Court found that the decision of the Minister for...
Date: 31-12-2008
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- Best interest of the child 2
- Burden of proof 2
- Child Specific Considerations 2
- Individual assessment 2
- Membership of a particular social group 2
- Obligation to give reasons 2
- Procedural guarantees 2
- Protection 2
- Race 2
- Real risk 2
- Reception conditions 2
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- Subsidiary Protection 2
- Unaccompanied minor 2
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