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EDAL case summaries

Austria – Federal Administrative Court, 24. August 2015, W149 1433213-1/29E

Country of Decision: Austria
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Assessment of facts and circumstances, Country of origin information, Credibility assessment, Individual assessment, Internal protection, Legal assistance / Legal representation / Legal aid, Medical Reports/Medico-legal Reports, Membership of a particular social group, Non-state actors/agents of persecution, Previous persecution, Real risk, Refugee Status, Subsidiary Protection, Well-founded fear

If an appellant provides substantiated reasons that call into question the consideration of evidence in the administrative proceedings, the facts cannot be regarded as “well established on basis of the records in combination with the complaint”. Thus, an oral hearing has to be held. The same applies if there is a necessity to consider up-to-date country of origin information as well as an up-to-date medical report due to the long duration of the judicial proceedings.

In the opinion of the court, the absence of a legal representative in the oral hearing, in spite of an explicit...
Date: 24-08-2015

Greece – Council of State, 31 December 2008, 4056/2008

Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Burden of proof, Child Specific Considerations, Individual assessment, Membership of a particular social group, Obligation to give reasons, Persecution Grounds/Reasons, Procedural guarantees, Protection, Race, Real risk, Reception conditions, Refugee Status, Standard of proof, Subsidiary Protection, Unaccompanied minor, Well-founded fear

This case concerned fear of persecution for reasons of race and membership of a particular social group. The provisions of Article 1(4) of Presidential Decree 61/1999, which should be interpreted with reference to Articles 3 and 22 of the Convention on the Rights of the Child, recognize the special circumstances of asylum applications submitted by unaccompanied minors, for whom special procedural guarantees have been established.  When examining asylum applications submitted by unaccompanied minors one must consider the Applicants' maturity and level of mental development; take into...
Date: 31-12-2008

Greece - Council of State, 31 December 2008, 4055/2008

Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Burden of proof, Child Specific Considerations, Individual assessment, Membership of a particular social group, Obligation to give reasons, Persecution Grounds/Reasons, Procedural guarantees, Protection, Race, Real risk, Reception conditions, Refugee Status, Standard of proof, Subsidiary Protection, Unaccompanied minor, Well-founded fear

Application for annulment of a decision by the Minister of Public Order 

The case addressed the absence of procedural guarantees in the context of appointing a Commissioner and assessing the applicant’s level of maturity with regard to the need for special treatment of an unaccompanied minor.

The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.

The Court found that the decision of the Minister for...
Date: 31-12-2008

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