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Italy: Court of Cassation reiterates the need for a shared burden of proof in the case of an applicant fleeing persecution due to his sexual orientation

Date: 
Tuesday, November 14, 2017

On 14 November 2017, the Italian Civil Court of Cassation published judgment no. 26921/2017, which concerned a gay man from Nigeria, whose appeal against the negative decision of the Territorial Commission on his asylum claim had been rejected by the Court of Appeal of Ancona.

ECtHR - Inadmissibility decisions and cases struck out of the ECtHR’s list

Date: 
Thursday, October 19, 2017

The European Court of Human Rights (ECtHR) has recently declared inadmissible or decided to strike out of its list a number of asylum-related cases:

CJEU: Opinion AG Wahl in Case C-473/16 F

Date: 
Thursday, October 5, 2017

On 5 October 2017, Advocate General Wahl published his Opinion in Case C-473/16 F regarding the possibility to rely on psychologists’ expert opinions for assessing the credibility of asylum seekers fearing persecution on account of their sexual orientation.

Finland: Administrative Court had to give the applicant the opportunity to be heard to explain why he had not disclosed his sexual orientation in the interview

Date: 
Friday, September 22, 2017

On 22 September 2017, the Supreme Administrative Court of Finland ruled on a case regarding an Iraqi applicant who applied for asylum in Finland after receiving threats from extremist Islamists due to his musical career and liberal lifestyle.

UK: Court of Appeal rules that interpretation in HJ is consistent with CJEU case law, but Tribunals erred in relying upon MK (Albania)

Date: 
Tuesday, May 9, 2017

On 9 May 2017, the Court of Appeal delivered its judgment in case LC (Albania) v SSHD. The case concerned an Albanian national who had his asylum application refused on the grounds of lack of credibility of his sexual orientation and the belief that he would be able to live openly in Albania as a gay man.

Germany: Recognition of refugee status of a bisexual and transgender person from Russia

Date: 
Thursday, April 27, 2017

On 27 April 2017, the Administrative Court of Potsdam recognised the refugee status of a bisexual and transsexual Russian activist. The claimant had travelled by air to Germany on a Greek Schengen-Visa and applied for asylum in Berlin in October 2016.

NL: Secretary of State did not sufficiently motivate why the sexual orientation of the asylum seeker is not credible

Date: 
Thursday, April 6, 2017

On 6 April 2017, the Court of The Hague has given a ruling related to a sexual-orientation-based asylum application by a Nigerian national. It ruled that, when deciding on the judicial review of an asylum case, particularly concerning the credibility of the asylum claim, it cannot be inferred from Article 46(3) recast Asylum Procedures Directive how invasive the assessment by the court in question must be.

ECtHR Communicated cases: O.S v Switzerland no. 43987/16; X v. Netherlands no. 14319/17

Date: 
Wednesday, March 29, 2017

O.S. v. Switzerland (no. 43987/16), communicated on 29 March 2017

UN Human Rights Committee: Asylum-related jurisprudence from the 119th Session (Part 2)

Date: 
Wednesday, March 29, 2017

During its 119th Session (6 March 2017 - 29 March 2017), the CCPR adopted 46 decisions, out of which 26 have been published to date. This EWLU would like to draw your attention to the following:

ECtHR Communicated cases: M.T. v. France and Dansu and others v. Italy

Date: 
Monday, March 20, 2017

M.T. v. France (no. 61145/16), communicated on 22 February 2017

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