EDAL case summaries
Country of Decision: Ireland
Country of Applicant: Serbia
Keywords: Country of origin information, Discrimination, Education (right to), Humanitarian considerations, Persecution (acts of), Race, Relevant Facts
In this case, the Supreme Court allowed the State’s appeal against a High Court Judgment in which the Refugee Appeals Tribunal was found to have erred in law in its approach to determining persecution. The Supreme Court allowed the State’s appeal on the basis that the tribunal member’s finding of no risk of persecution was not unreasonable (within the applicable standards of judicial review) and that the High Court was incorrect in finding that the extent of educational discrimination at issue in this case met the threshold of persecution required.
Date: 21-12-2016
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).
... Date: 17-11-2016
Country of Applicant: Russia
Keywords: Actor of persecution or serious harm, Burden of proof, Credibility assessment, Detention, Duty of applicant, Effective access to procedures, Effective remedy (right to), Individual threat, Non-state actors/agents of persecution, Persecution (acts of), Real risk, Refugee Status, Relevant Documentation, Relevant Facts, Standard of proof, Subsequent application, Well-founded fear
The Court found a violation of Article 3 in relation to a subsequent application for asylum, which had been rejected on the basis that it contained no new elements indicating that the Applicants ran a real risk of being subjected to inhuman and degrading treatment or punishment on deportation to Russia. Because new information had in fact been provided, the national authorities were under an obligation to thoroughly review the information in order to assure themselves that the Applicants’ rights under Article 3 would be safeguarded.
Date: 19-01-2016
Country of Applicant: United States
Keywords: Armed conflict, Discrimination, International armed conflict, Persecution (acts of), Political Opinion, Relevant Facts, War crimes, Well-founded fear
The judgment concerns the status of military deserters under the Qualification Directive (2004/83/EC) and the definition to be accorded to persecutory acts following on from a refusal to perform military service. Whilst the definition of military service is to include support staff the CJEU has held that there must be a sufficient link between the asylum seeker’s actions and the preparation or eventual commission of war crimes.
The individual must establish with sufficient plausibility that his unit is highly likely to commit war...
Date: 26-02-2015
Country of Decision: Belgium
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Political Opinion, Discrimination, Persecution (acts of), Relevant Facts
This case confirmed that discriminatory treatment can amount to persecution in certain circumstances. The Council of State ruled that problems of discrimination cannot be automatically dismissed as insufficiently weighty to amount to persecution. Discrimination can have such severe consequences that it falls within the scope of the Refugee Convention.
Date: 31-10-2010
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- Discrimination 3
- Political Opinion 3
- Country of origin information 2
- Persecution Grounds/Reasons 2
- Refugee Status 2
- Well-founded fear 2
- Actor of persecution or serious harm 1
- Armed conflict 1
- Assessment of facts and circumstances 1
- Burden of proof 1
- Credibility assessment 1
- Detention 1
- Duty of applicant 1
- Education (right to) 1
- Effective access to procedures 1
- Effective remedy (right to) 1
- Humanitarian considerations 1
- Individual assessment 1
- Individual threat 1
- Internal protection 1
- International armed conflict 1
- Non-state actors/agents of persecution 1
- Obligation to give reasons 1
- Personal circumstances of applicant 1
- Race 1
- Real risk 1
- Relevant Documentation 1
- Standard of proof 1
- Subsequent application 1
- Subsidiary Protection 1
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- Iran 1
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