EDAL case summaries

Following the appeal of the Children’s Rights Ombudsman, the Supreme Administrative Court set aside the order of the Regional Administrative Court, in relation to a challenge to the decision of the Polish Refugee Board, and set aside the aforementioned decision to refuse tolerated stay, dismissing the appeal in all other respects.

The court justified its decision with reference to the procedural errors of the Polish Refugee Board, which included failing to gather evidence in an appropriate manner and inappropriately establishing the facts relating to the Applicant’s children....

The French National Asylum Court (CNDA) must do a complete assessment of facts and circumstances in deciding whether an applicant should be granted refugee status, or failing that, subsidiary protection. In doing so, it must take into account all the documentation provided by the Applicant in support of the application. In this case, the Applicant’s medical evidence documentation and the evidence relating to the potential risks she is likely to face if she returns to her country (fear of persecution due to imputed political opinions) should have been taken into account.

The CNDA did...

If an appellant provides substantiated reasons that call into question the consideration of evidence in the administrative proceedings, the facts cannot be regarded as “well established on basis of the records in combination with the complaint”. Thus, an oral hearing has to be held. The same applies if there is a necessity to consider up-to-date country of origin information as well as an up-to-date medical report due to the long duration of the judicial proceedings.

In the opinion of the court, the absence of a legal representative in the oral hearing, in spite of an explicit...

The Court found that there would be no violation of Article 3 in the event of return of the applicant, who suffered from chronic kidney failure and was in need of dialysis three times per week, to Kyrgyzstan.