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Country of Decision: Ireland
Country of Applicant: Congo (DRC)
Keywords: Individual assessment, Credibility assessment, Previous persecution, Actor of persecution or serious harm, Non-state actors/agents of persecution, Protection, Refugee sur place, Subsidiary Protection, Individual threat, Political Opinion, Serious harm, Non-refoulement, Procedural guarantees
This case concerned the assessment and reason given that the Applicant had not been subjected to “serious harm” in the past, in circumstances where the decision was unclear as to whether the finding was to the effect that his account was not believed, or whether, if believed, the harm was not inflicted by persons who were "actors of serious harm". The Court also considered the definition of “actors of serious harm.” Thirdly, the Court considered whether the decision-maker ignored the specific claim made in the application that returned asylum seekers face a risk of detention,...
Date: 25-06-2012
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