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EDAL case summaries

Austria - Asylum Court, 29 November 2013, B1 431721-1/2013

Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Country of origin, Credibility assessment, Final decision, Individual threat, Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Refugee Status, Return, Subsidiary Protection, Well-founded fear

An application for international protection lodged by an Afghan who illegally entered Austria was rejected. The Court found that the applicant had no well-founded fear of persecution in his country of origin nor was he to be granted the subsidiary protection status.  
Date: 29-11-2013

ECtHR - Chahal v. The United Kingdom, Application No. 22414/93, 15 November 1996

Country of Applicant: India, United Kingdom
Keywords: Assessment of facts and circumstances, Detention, Effective access to procedures, Effective remedy (right to), Final decision, Procedural guarantees, Real risk, Refugee Status, Return, Torture

This case involved the UK’s attempted deportation of an Indian citizen and leader of the Sikh separatist movement who lived in the UK and was allegedly a national security threat. Because of the risk of ill-treatment, the Court found the UK would breach Art. 3 if he were deported to India, in conjunction with a violation of Art. 13. Because he was not able to review the lawfulness of his prolonged detention, the Court also found a violation of Art. 5 (4). 
Date: 15-11-1996

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