EDAL case summaries
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Country of origin information, Internal protection, Personal circumstances of applicant, Personal interview, Relevant Facts, Safe country of origin
The applicants’ personal circumstances and the general conditions in the country of origin have to be taken into account, when assessing whether an internal flight alternative exists. Relevant sources like the UNHCR guidelines have to be used. Otherwise this constitutes a significant procedural error.
Date: 13-12-2018
Country of Decision: Switzerland
Country of Applicant: Nigeria
Keywords: Country of origin information, Credibility assessment, Gender Based Persecution, Personal circumstances of applicant, Personal interview, Trafficking in human beings
In cases of reasonable suspicion that a person applying for asylum was a victim of human trafficking, the Swiss State Secretary for Migration is obliged to clarify the facts thoroughly on its own initiative.
Date: 18-07-2016
Country of Decision: France
Keywords: Country of origin, Personal circumstances of applicant, Personal interview, Procedural guarantees, Residence document, Return
The right to be heard prior to the adoption of a return decision, implies that the administrative authority places the foreign national in a position to present, in a useful and effective manner, his point of view on the illegality of his residency and the motives which will be likely to justify the authorities abstaining from taking a return decision.
It does not, however, imply that the administration has the obligation to put the interested person in a position to present his...
Date: 05-06-2015
Country of Decision: Slovenia
Country of Applicant: Afghanistan
Keywords: Burden of proof, Child Specific Considerations, Country of origin information, Credibility assessment, Duty of applicant, Individual assessment, Obligation/Duty to cooperate, Personal circumstances of applicant, Personal interview, Procedural guarantees
When assessing the application for international protection the Ministry of Interior (MI) did not take into account the Applicant’s youth, lack of education and background. The MI did not conduct the procedure and pose questions in a manner that was suitable to the Applicant’s age and personality.
The country of origin information that the Applicant submitted only in his appeal against the decision should be accepted as this is generally available information that MI could have obtained on its own.
Date: 18-10-2012
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Credibility assessment, Personal circumstances of applicant, Personal interview, Relevant Facts, Subsidiary Protection, Unaccompanied minor
The age of the child and the mental state of the Applicant as well as the ban on more detailed questioning on the reasons for fleeing in the initial police interview should have been taken into account to a greater extent when assessing the assertion of flight. The lack of discussion of these aspects represents a failure to investigate several decisive points, which made the decision by the Asylum Court arbitrary and therefore unconstitutional
Date: 27-06-2012
Country of Decision: Austria
Country of Applicant: Russia
Keywords: Benefit of doubt, Dublin Transfer, Duty of applicant, Medical Reports/Medico-legal Reports, Personal circumstances of applicant, Personal interview, Standard of proof, Vulnerable person
Traumatised people and those who have suffered otherwise psychologically and physically from flight behave differently when giving evidence compared with healthy people. This can mean that the full submissions relevant to asylum are not provided at the start of the proceedings or the traumatisation itself is not mentioned. These circumstances are to be taken into account during the ban on new evidence.
Date: 17-04-2007
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- Country of origin information 3
- Credibility assessment 3
- Child Specific Considerations 2
- Duty of applicant 2
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- Relevant Facts 2
- Assessment of facts and circumstances 1
- Benefit of doubt 1
- Burden of proof 1
- Country of origin 1
- Dublin Transfer 1
- Gender Based Persecution 1
- Individual assessment 1
- Internal protection 1
- Medical Reports/Medico-legal Reports 1
- Obligation/Duty to cooperate 1
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- Standard of proof 1
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- Vulnerable person 1
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