EDAL case summaries
Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Access to the labour market, Armed conflict, Burden of proof, Country of origin information, Credibility assessment, Duty of applicant, Indiscriminate violence, Obligation/Duty to cooperate, Persecution (acts of), Personal circumstances of applicant
The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response
Date: 02-12-2014
Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Indiscriminate violence, Serious harm, Subsidiary Protection
Granting subsidiary protection is not dependent on the personal situation of the Applicant and relates to a generalised situation of serious risk in the country of origin, a situation that could commence even after the Applicant has left his country of origin. In the case in point, the indiscriminate violence throughout Nigeria fulfils the conditions required for granting subsidiary protection.
Date: 19-03-2013
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Burden of proof, Real risk, Subsidiary Protection, Armed conflict, Indiscriminate violence, Individual threat, Serious harm
This case concerned the appropriate manner in which an application for subsidiary protection is to be decided where there may be at least an implicit claim of a “serious and individual threat” to the applicant by reason of indiscriminate violence. The Court found that Article 15(c) of the Directive does not impose a free-standing obligation on the Minister to investigate a possible armed conflict situation, it is for the applicant to make this claim and to make submissions and offer evidence establishing that he is from a place where there is a situation of...
Date: 14-01-2010
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- Armed conflict 2
- Burden of proof 2
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- Subsidiary Protection 2
- Access to the labour market 1
- Country of origin information 1
- Credibility assessment 1
- Duty of applicant 1
- Individual threat 1
- Obligation/Duty to cooperate 1
- Persecution (acts of) 1
- Personal circumstances of applicant 1
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