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EDAL case summaries

Austria – Federal Administrative Court, 17 November 2016, W111 2131009-1

Country of Decision: Austria
Country of Applicant: Ukraine
Keywords: Assessment of facts and circumstances, Country of origin information, Individual assessment, Internal protection, Obligation to give reasons, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Refugee Status, Relevant Facts, Subsidiary Protection

In the course of an asylum procedure, the statements of the asylum seeker have to be assessed integrally. This includes, inter alia, an analysis of (up-to-date) country reports. However, such analysis is not carried out in a sufficient manner where there are only superficial references to the country of origin information. Rather, it is required that the information contained is actually taken into consideration when taking the decision, applied to the specific circumstances of each case and compared to the information provided by the asylum seeker(s).

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Date: 17-11-2016

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

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