EDAL case summaries
Country of Applicant: Iraq
Keywords: Credibility assessment, Individual threat, Inhuman or degrading treatment or punishment, Membership of a particular social group, Previous persecution, Relevant Facts, Well-founded fear
The seven year time lapse since the Sunni Muslim Applicant’s former service in the Iraqi army, no evidence of future risk arising from previous injuries, and no medical reasons preventing return, led the majority to find that return to Iraq would not violate the applicants rights under Articles 2 or 3.
Date: 19-12-2013
Country of Decision: Germany
Country of Applicant: Togo
Keywords: Accelerated procedure, Acts contrary to the purposes and principles of the UN, Circumstances ceased to exist, Duty of applicant, Previous persecution, Real risk, Refugee Status, Relevant Facts, Standard of proof
1. Changes in the home country are only considered to be sufficiently significant and non-temporary if the refugee’s fear of persecution can no longer be regarded as well-founded.
2. Based on the jurisprudence of the European Court of Human Rights (ECtHR) which applies to the concept of “real risk” according to Article 3 ECHR (European Convention on Human Rights), a uniform standardof probability is applied to assessing the likelihood of persecution in the context of refugee protection; this corresponds to the standard of substantial probability.
Date: 01-03-2012
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Previous persecution filterPrevious persecution
- (-) Remove Relevant Facts filterRelevant Facts
- Accelerated procedure 1
- Acts contrary to the purposes and principles of the UN 1
- Circumstances ceased to exist 1
- Credibility assessment 1
- Duty of applicant 1
- Individual threat 1
- Inhuman or degrading treatment or punishment 1
- Membership of a particular social group 1
- Real risk 1
- Refugee Status 1
- Standard of proof 1
- Well-founded fear 1
Filter by country of decision
- Germany 1
