EDAL case summaries

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).

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...

Membership of a social group is an objective social fact not dependent on members of the group or, if they are not in a position to do so, their next of kin, expressing their membership of that group.

The Afghan applicant was granted subsidiary protection status during the court proceedings. The authority must make sure that the applicant is not at risk of serious harm or persecution in the relevant part of the country, not only at the time the application is assessed but also that this is not likely to occur in the future either. Countries struggling with armed conflicts do not normally provide safe internal flight options within the country, as the movement of front lines can put areas at risk that were previously considered safe.