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Country of Decision: France
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Dublin Transfer, Effective remedy (right to), Inhuman or degrading treatment or punishment, Reception conditions, Responsibility for examining application, Trafficking in human beings, Vulnerable person
As a result of a transfer order to Italian authorities joined with house arrest, the applicant lodged an appeal. She argued she would be at risk of being exposed to inhuman and degrading treatments, as well as to systemic lapses of the Italian asylum system. In this case, the administrative tribunal granted annulment of those orders issued by the prefect of la Haute-Garonne in the light of the current Italian asylum conditions and the reasons motivating the applicant to reach France after having stayed in Italy.
Date: 09-11-2018
Country of Decision: Sweden
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Individual assessment, Individual threat, Internal protection, Protection, Real risk
The applicant appealed the Migration Court’s decision to dismiss his application for asylum on grounds of the availability of an internal protection alternative in the applicants home country of Afghanistan.
The Migration Court of Appeal granted the appeal as it was held that the question of internal protection can only be assessed after the court has made an individual assessment of the original grounds for protection invoked by the applicant.
Date: 19-06-2018
Country of Applicant: Eritrea
Keywords: Assessment of facts and circumstances, Best interest of the child, Family member, Family reunification, Family unity (right to), Unaccompanied minor
An asylum applicant who is below the age of 18 at the time of his or her entry into the territory of a Member State and of the introduction of his or her asylum application in that State, but who, in the course of the asylum procedure, attains the age of majority and is thereafter granted refugee status must still be regarded as a “minor” for the purposes of that provision.
Date: 12-04-2018
Country of Decision: Switzerland
Country of Applicant: Turkey
Keywords: Assessment of facts and circumstances, Effective access to procedures, Individual assessment, Obligation to give reasons, Procedural guarantees, Safe third country, Terrorism
In cases of deportation to a third country, the competent authority is required to assess, on a case-by-case basis, if the third country offers effective legal protection against deportation to the state of origin.
In the case of a Turkish journalist of Kurdish origin, the competent authority had only insufficiently assessed if the applicant enjoys sufficient legal protection in Brazil against refoulment to Turkey. It therefore violated her right to be heard.
Date: 08-02-2018
Keywords: Assessment of facts and circumstances, Credibility assessment, Medical Reports/Medico-legal Reports, Membership of a particular social group, Persecution Grounds/Reasons, Sexual orientation
National authorities can order experts’ reports with the purpose of assisting in the assessment of the facts and circumstances relating to a declared sexual orientation of an applicant, provided that the procedures for these reports are consistent with fundamental rights. However, the examining authority, courts or tribunal must not base their decision solely on the conclusions of an expert’s report and are not bound by these conclusions when assessing the applicant’s statements relating to his or her sexual orientation.
Moreover, national...
Date: 25-01-2018
Country of Decision: Denmark
Country of Applicant: Somalia
Keywords: Assessment of facts and circumstances, Country of origin information, Credibility assessment, Relevant Facts, Revocation of protection status, Subsidiary Protection
The complainant is an ethnic Galadi and a Muslim from Afgoye, Somalia. On 6 April 2017, the Danish Immigration Service decided not to prolong the complainant’s subsidiary protection under the Danish Aliens Act Art. 11 (2), cf. Art. 19 (1) no. 1 and Art. 19 (7) cf. Art. 26 (1).
After an overall assessment of the country of origin information the Board found that a deportation of the complainant to Afgoye no longer constitutes a violation of Denmark’s international obligations including ECHR article 3. However, regarding the assessment under the Aliens Act article 26, the Board found...
Date: 01-12-2017
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Dependant (Dependent person), Female genital mutilation, Legal assistance / Legal representation / Legal aid, Membership of a particular social group, Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Refugee Status, Subsidiary Protection
In countries where there is a high prevalence of female genital mutilation (FGM), as in Nigeria, non-excised persons can be considered as having a well-founded fear of persecution for reasons of membership of a particular social group within the meaning of Article 1A(2) of 1951 Refugee Convention. Refugee status can be granted where there is a considerable risk of excision and insufficient protection against this threat.
Date: 23-10-2017
Country of Decision: Austria
Country of Applicant: Morocco
Keywords: Assessment of facts and circumstances, Detention, Personal interview, Unaccompanied minor, Vulnerable person
The competent authority has to respect as legally binding a court order that determines a certain date of birth and thereby the minority of an applicant. This is also the case if the applicant himself indicates another (earlier) date of birth.
The personal interview of a minor without his legal representative constitutes a significant procedural violation. The facts are presumed to not be ascertained. The competent authority has to ascertain the facts and circumstances once again.
Date: 19-10-2017
Country of Decision: Austria
Country of Applicant: Gambia
Keywords: Assessment of facts and circumstances, Benefit of doubt, Burden of proof, Child Specific Considerations, Credibility assessment, Unaccompanied minor
In case of reasonable doubt, the statement of the applicant for asylum about his or her date of birth has to be viewed as a credible statement.
Date: 27-06-2017
Country of Decision: Poland
Country of Applicant: Russia (Chechnya)
Keywords: Assessment of facts and circumstances, Best interest of the child, Child Specific Considerations, Individual threat, Internal protection, Medical Reports/Medico-legal Reports, Persecution (acts of), Procedural guarantees, Refugee Status, Relevant Documentation, Subsidiary Protection
Following the appeal of the Children’s Rights Ombudsman, the Supreme Administrative Court set aside the order of the Regional Administrative Court, in relation to a challenge to the decision of the Polish Refugee Board, and set aside the aforementioned decision to refuse tolerated stay, dismissing the appeal in all other respects.
The court justified its decision with reference to the procedural errors of the Polish Refugee Board, which included failing to gather evidence in an appropriate manner and inappropriately establishing the facts relating to the Applicant’s children....
Date: 22-06-2017
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- Credibility assessment 58
- Country of origin information 47
- Persecution Grounds/Reasons 41
- Subsidiary Protection 39
- Individual assessment 38
- Personal circumstances of applicant 35
- Well-founded fear 30
- Internal protection 28
- Refugee Status 28
- Membership of a particular social group 27
- Real risk 27
- Effective remedy (right to) 24
- Burden of proof 22
- Procedural guarantees 22
- Persecution (acts of) 21
- Relevant Documentation 20
- Relevant Facts 20
- Inhuman or degrading treatment or punishment 16
- Non-state actors/agents of persecution 16
- Political Opinion 16
- Country of origin 15
- Standard of proof 15
- Protection 14
- Serious harm 14
- Obligation to give reasons 13
- Religion 13
- Medical Reports/Medico-legal Reports 12
- Previous persecution 12
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- Return 12
- Subsequent application 12
- Torture 12
- Actor of persecution or serious harm 11
- Dublin Transfer 11
- Effective access to procedures 11
- Non-refoulement 11
- Benefit of doubt 10
- Detention 9
- Best interest of the child 8
- Child Specific Considerations 8
- Gender Based Persecution 8
- Nationality 8
- Obligation/Duty to cooperate 8
- Personal interview 8
- Unaccompanied minor 8
- Accelerated procedure 7
- Actors of protection 7
- Right to remain pending a decision (Suspensive effect) 7
- Safe third country 7
- Sexual orientation 7
- Inadmissible application 6
- Indiscriminate violence 6
- Individual threat 6
- Legal assistance / Legal representation / Legal aid 6
- Refugee sur place 6
- Request to take back 6
- Delay 5
- Duty of applicant 5
- Family member 5
- First country of asylum 5
- Humanitarian considerations 5
- Internal armed conflict 5
- Circumstances ceased to exist 4
- Discrimination 4
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- Reception conditions 4
- Revocation of protection status 4
- Vulnerable person 4
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- Family reunification 3
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- Material reception conditions 3
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- Acts contrary to the purposes and principles of the UN 2
- Armed conflict 2
- Indirect refoulement 2
- Safe country of origin 2
- Serious non-political crime 2
- Trafficking in human beings 2
- Access to the labour market 1
- Accommodation centre 1
- Health (right to) 1
- Integration measures 1
- More favourable provisions 1
- Residence document 1
- Sponsor 1
- Terrorism 1
- Visa 1
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- Unknown 6
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