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EDAL case summaries

Hungary - Metropolitan Court of Public Administration and Labour, 20.K.31492/2016/9, 14 June 2016

Country of Decision: Hungary
Country of Applicant: China
Keywords: Individual assessment, Refugee sur place, Subsequent application

The applicant arrived in Hungary as a child and her affiliation with Falun Gong was not properly adjudicated by the asylum authority (OIN) but her asylum application made as an adult was considered a subsequent one. Relying on Article 5 (3) of the Recast Qualification Directive, the OIN considered that the applicant and her mother were malevolent when joining Falun gong solely to evoke their sur place status. The court ruled that the OIN failed to individually assess the applicant’s claim and quashed the decision. 
Date: 14-06-2016

ECtHR - F.G. v. Sweden (no. 43611/11) (Grand Chamber), 23 March 2016

Country of Applicant: Iran
Keywords: Assessment of facts and circumstances, Burden of proof, Country of origin information, Final decision, Individual assessment, Inhuman or degrading treatment or punishment, Membership of a particular social group, Non-refoulement, Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Protection, Refugee Status, Refugee sur place, Religion, Return

An Article 3 compliant assessment requires a full and ex nunc evaluation of a claim.  Where the State is made aware of facts that could expose an applicant to an individual risk of ill-treatment, regardless of whether the applicant chooses to rely on such facts, it is obliged to assess this risk ex proprio motu. 
Date: 23-03-2016

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