EDAL case summaries
The case examines the allegations of a Sudanese national- member of a non-Arab tribe in Sudan- that his deportation to that country would expose him to treatment contrary to Article 3 of the Convention because of his race and supposed links with the rebel movements in the country.
The detention of asylum applicants may undermine their ability to claim asylum and that an ‘effective remedy’ requires an appeal with suspensive effect against refoulement in order to prevent irreparable harm, sufficient time to prepare the appeal and effective legal assistance and interpretation.
1. Changes in the home country are only considered to be sufficiently significant and non-temporary if the refugee’s fear of persecution can no longer be regarded as well-founded.
2. Based on the jurisprudence of the European Court of Human Rights (ECtHR) which applies to the concept of “real risk” according to Article 3 ECHR (European Convention on Human Rights), a uniform standardof probability is applied to assessing the likelihood of persecution in the context of refugee protection; this corresponds to the standard of substantial probability.
The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.
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- Inhuman or degrading treatment or punishment 3
- Real risk 3
- Assessment of facts and circumstances 2
- Country of origin 2
- Credibility assessment 2
- Effective remedy (right to) 2
- Persecution Grounds/Reasons 2
- Previous persecution 2
- Relevant Facts 2
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- Access to the labour market 1
- Acts contrary to the purposes and principles of the UN 1
- Burden of proof 1
- Circumstances ceased to exist 1
- Detention 1
- Duty of applicant 1
- Effective access to procedures 1
- Individual assessment 1
- Legal assistance / Legal representation / Legal aid 1
- Non-refoulement 1
- Persecution (acts of) 1
- Personal circumstances of applicant 1
- Personal interview 1
- Procedural guarantees 1
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- Race 1
- Right to remain pending a decision (Suspensive effect) 1
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- Germany 1