EDAL case summaries
Country of Decision: Italy
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Duty of applicant, Effective remedy (right to), More favourable provisions
The legal proceedings relating to an appeal regarding the granting of international protection are a summary process that give the judge certain official powers. As a consequence, the judge should decide on the merits of an appeal even if the Applicant fails to attend the hearing.
Date: 20-03-2013
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Previous persecution, Actor of persecution or serious harm, Non-state actors/agents of persecution, Protection, Subsidiary Protection, Gender Based Persecution, Inhuman or degrading treatment or punishment, Serious harm, Torture, More favourable provisions
This was the substantive hearing of a case in which leave to seek judicial review of a subsidiary protection decision was granted on the basis that (a) it was arguably erroneous to conclude that because State protection was available in respect of the actions of non-State agents who inflicted serious injury on the Applicant, the said injury could not amount to "serious harm;" and (b) The decision failed to consider whether, arising out of the previous harm suffered by the Applicant, compelling reasons existed to warrant a determination that she was eligible for subsidiary protection. The...
Date: 01-03-2012
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- Actor of persecution or serious harm 1
- Assessment of facts and circumstances 1
- Duty of applicant 1
- Effective remedy (right to) 1
- Gender Based Persecution 1
- Inhuman or degrading treatment or punishment 1
- Non-state actors/agents of persecution 1
- Previous persecution 1
- Protection 1
- Serious harm 1
- Subsidiary Protection 1
- Torture 1
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