EDAL case summaries

In appealing against the Migration Agency’s and the Migration Court’s rejections of the Applicant’s application for leave to remain in Sweden, the Applicant claimed grounds for protection which he/she had not previously raised before the Migration Agency. Claiming grounds for protection meant that special requirements for asylum applications applied and the Applicant was entitled to a personal interview before the Migration Agency. The Migration Court of Appeal referred the Applicant’s case back to the Migration Agency as the Migration Court could not be the body to try the asylum...

This case examined the denial of a minor’s application for asylum which was decided primarily on the failure of his mother’s application. The Refugee Appeals Tribunal did not consider Country of Origin Information (COI) from the child’s perspective. Furthermore, clear reasons were not given for the refusal decision. The High Court granted leave and quashed the Refugee Appeals Tribunals decision to deny refugee status to the child. The Court also held that the best interests of the child should be a primary consideration of the Tribunal both with regard to the procedure and substantive...

This Case examines the refusal to grant refugee status to a Nepalese national. The Tribunal failed to provide clear, cogent reasoning for the decision. Documentation and explanations provided by the Applicant were not included in the decision. Unreasonable assumptions were made by the Tribunal including: as the Applicant’s wife, children and brother were safely residing in the country of origin, this inferred that the Applicant could do the same; since the applicant spent 6 years living safely in India, he could continue to live there safely. The High Court criticised the procedural...