EDAL case summaries
Country of Applicant: Russia
Keywords: Actor of persecution or serious harm, Burden of proof, Credibility assessment, Detention, Duty of applicant, Effective access to procedures, Effective remedy (right to), Individual threat, Non-state actors/agents of persecution, Persecution (acts of), Real risk, Refugee Status, Relevant Documentation, Relevant Facts, Standard of proof, Subsequent application, Well-founded fear
The Court found a violation of Article 3 in relation to a subsequent application for asylum, which had been rejected on the basis that it contained no new elements indicating that the Applicants ran a real risk of being subjected to inhuman and degrading treatment or punishment on deportation to Russia. Because new information had in fact been provided, the national authorities were under an obligation to thoroughly review the information in order to assure themselves that the Applicants’ rights under Article 3 would be safeguarded.
Date: 19-01-2016
Country of Decision: Germany
Country of Applicant: Russia
Keywords: Actor of persecution or serious harm, Burden of proof, Standard of proof
The shifting of the burden of proof according to Article 4 (4) of the Qualification Directive applies if the Applicant refers to previous acts of persecution or threats as an indicator of the well-foundedness of his fear that persecution would resume if he were to return to his home country.
If it is assumed that the individual concerned was under immediate threat of persecution associated with his ethnicity when he left his home country, then the link is not simply with the ethnicity of the individual concerned (Chechen in this case), but also with the enmity generally expressed by...
Date: 25-06-2012
Country of Decision: Poland
Country of Applicant: Russia
Keywords: Individual assessment, Personal circumstances of applicant, Burden of proof, Refugee Status, Refugee sur place, Membership of a particular social group, Subsequent application
The third action in a row brought by a foreign woman for refugee status ended in the issue of a judgment dismissing the case as it was found that the basis for the application was the same as in the previous cases and the application was therefore inadmissible. The Court overturned the negative decision by the Polish Council for Refugees, as the new application by the foreign woman stated that she had divorced her then husband and had been in a relationship for a year with a Polish citizen, which might cause persecution on religious grounds were she to return to her country of origin.
Date: 13-06-2012
Country of Decision: Germany
Country of Applicant: Russia
Keywords: Burden of proof, Previous persecution, Standard of proof, Protection
There are "good reasons" within the meaning of Art 4.4 of the Qualification Directive to consider that the persecution of ethnic Chechens from Chechnya which was solely based on membership of the group will not be repeated. The standard of Art 4.4 of the Qualification Directive has now replaced the concept of "sufficient safety from persecution" as developed in German case law for refugees who had been subject to persecution before they left their country of origin.
Date: 31-07-2008
Country of Decision: Czech Republic
Country of Applicant: Russia, Russia (Chechnya)
Keywords: Effective access to procedures, Burden of proof, Exclusion from protection, Crime against humanity, War crimes, Procedural guarantees
This case examines the differences between the procedure for examining a claim for asylum and the procedure for examining the application of exclusion clauses.
Date: 20-06-2007
Country of Decision: Germany
Country of Applicant: Russia, Russia (Chechnya)
Keywords: Assessment of facts and circumstances, Burden of proof, Individual assessment, Internal protection, Previous persecution, Persecution (acts of), Personal circumstances of applicant, Standard of proof
Members of a family, who are Russian citizens of Chechen ethnicity, who originate from Chechnya, can avail of internal protection (in the context of persecution by non-state actors, Section 60 (1) sentence (4) (c) of the Residence Act in conjunction with Art 8 of the Qualification Directive) in areas outside Chechnya, if one family member (in this instance the wife) possesses a new Russian internal passport, which is an important requirement for registration.
Date: 25-10-2006
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- Standard of proof 4
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