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Sweden – Migration Court of Appeal, 18 September 2006, UM 122-06
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 of decision: 18-09-2006
Czech Republic - Supreme Administrative Court, 24 February 2004, Y.A. v Ministry of Interior, 6 Azs 50/2003-89
Country of applicant: Iran
Keywords: Assessment of facts and circumstances, Benefit of doubt, Burden of proof, Country of origin information, Personal interview

If any fact emerges during the interview, which indicates that the applicant could be persecuted for exercising his political rights and freedoms, or has a well-founded fear of being persecuted on the grounds upon which asylum can be granted, the Ministry of Interior obliged to conduct the interview in a way that would achieve an outcome which is sufficiently clear for the needs of considering the asylum claim. It is also necessary to evaluate the way in which state power is exercised in the country of origin, and the real possibility of exercising one’s political rights and other circumstances that could establish grounds for international protection.

Date of decision: 24-02-2004
UK - Immigration Appeal Tribunal, 19 February 2002, Tanveer Ahmed [2002] UKIAT 00439
Country of applicant: Pakistan
Keywords: Assessment of facts and circumstances, Burden of proof, Country of origin information
This decision established that the burden of demonstrating the reliability of documents adduced in an asylum case lay on the applicant.  Only when an allegation of forgery was made  and it was necessary to determine whether the documents were forged did the burden shift to the Home Office. In that case the standard was the balance of probabilities.
Date of decision: 19-02-2002