EDAL case summaries
Country of Decision: Poland
Country of Applicant: Russia (Chechnya)
Keywords: Assessment of facts and circumstances, Best interest of the child, Child Specific Considerations, Individual threat, Internal protection, Medical Reports/Medico-legal Reports, Persecution (acts of), Procedural guarantees, Refugee Status, Relevant Documentation, Subsidiary Protection
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....
Date: 22-06-2017
Country of Decision: Germany
Country of Applicant: Russia (Chechnya)
Keywords: First country of asylum, Inadmissible application, Refugee Status, Revocation of protection status, Subsidiary Protection
A renewed application for asylum in a second country is admissible if the nature of international protection applied for differs from the protection already granted. Deportation to the country of the first application or the country of origin is not to be taken into account in this situation.
Date: 11-09-2016
Country of Decision: France
Country of Applicant: Russia (Chechnya)
Keywords: First country of asylum, Inadmissible application, Individual threat, Protection, Refugee Status, Well-founded fear
Interventions from third parties to proceedings initiated before the National Asylum Court may be admitted.
A person with refugee status in one European Union state who applies for refugee status in a second European Union state is presumed to have unfounded fears relating to lack of protection. However, that presumption may be rebutted by evidence to the contrary.
Date: 13-11-2013
Country of Applicant: Russia (Chechnya)
Keywords: Assessment of facts and circumstances, Country of origin, Country of origin information, Credibility assessment, Individual assessment, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Non-refoulement, Real risk, Refugee Status
The case concerns the examination of an asylum claim by the Austrian authorities and assessment of a real risk that the applicant would be subjected to treatment contrary to Article 3 of the ECHR if expelled to Russia.
Date: 28-03-2013
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- Assessment of facts and circumstances 2
- First country of asylum 2
- Inadmissible application 2
- Individual threat 2
- Medical Reports/Medico-legal Reports 2
- Subsidiary Protection 2
- Best interest of the child 1
- Child Specific Considerations 1
- Country of origin 1
- Country of origin information 1
- Credibility assessment 1
- Individual assessment 1
- Inhuman or degrading treatment or punishment 1
- Internal protection 1
- Non-refoulement 1
- Persecution (acts of) 1
- Procedural guarantees 1
- Protection 1
- Real risk 1
- Relevant Documentation 1
- Revocation of protection status 1
- Well-founded fear 1
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