EDAL case summaries
Country of Decision: Denmark
Country of Applicant: Sudan
Keywords: Assessment of facts and circumstances, Benefit of doubt, Persecution Grounds/Reasons, Political Opinion, Real risk, Relevant Documentation, Relevant Facts, Torture, Well-founded fear
The applicant, an ethnic Al-Bagal and Sunni Muslim from Moraya, Nyala, Darfur, Sudan feared imprisonment or execution by the Sudanese authorities. According to the applicant’s account he had been imprisoned for alleged political activities for a total of 18 months during which he was tortured. Subsequently, he was regularly harassed by the Intelligence Service.
The Danish Immigration Service rejected the asylum application in July 2016.
On 29 November 2016, the Refugee Appeals Board upheld the decision of the Danish Immigration Service. The majority of the Board did not find...
Date: 22-02-2017
Country of Applicant: Iran
Keywords: Actor of persecution or serious harm, Benefit of doubt, Burden of proof, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment, Persecution (acts of), Political Opinion, Return
The case examines the risk to an Iranian national if expelled to Iran in light of his political activities against the country’s regime. The Court confirmed that such a return would give rise to a violation of Article 3 ECHR and whilst finding an Article 13 read in conjunction with Article 3 violation as admissible it raised no separate issue in the case.
Date: 18-11-2014
Country of Decision: Sweden
Country of Applicant: Egypt
Keywords: Assessment of facts and circumstances, Benefit of doubt, Burden of proof, Credibility assessment, Persecution Grounds/Reasons, Political Opinion
The UNHCR Handbook is an important source of law concerning the procedure to determine protection needs. The Migration Court is responsible for ensuring that a case is sufficiently investigated by holding an oral hearing or otherwise investigating the ambiguities of the case, when an asylum seeker who has been rejected because of credibility grounds has submitted relevant documents that are deemed to be genuine by a Swedish embassy.
Date: 18-09-2006
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- Assessment of facts and circumstances 2
- Burden of proof 2
- Persecution Grounds/Reasons 2
- Actor of persecution or serious harm 1
- Credibility assessment 1
- Effective access to procedures 1
- Effective remedy (right to) 1
- Inhuman or degrading treatment or punishment 1
- Persecution (acts of) 1
- Real risk 1
- Relevant Documentation 1
- Relevant Facts 1
- Return 1
- Torture 1
- Well-founded fear 1
