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France, Court of Appeal of Douai, 19 February 2019, X v. Prefect of Pas de Calais, No RG19/00334
Country of applicant: Sudan

A medical examination to assess vulnerability was requested by an applicant in administrative detention. This demand was not examined by the doctor in charge in the detention facility. Therefore, the court of appeal refused an extension of the applicant’s administration detention and ordered their release. 

Date of decision: 19-02-2019
K.G. v. Belgium (No. 52548/15), 6 November 2018
Country of applicant: Sri Lanka

The Belgian authorities carried out a reasonable assessment, balancing the risk to public safety with the applicant’s mental health, in deciding the applicant’s detention. The duration and medical care provided in detention were lawful and justified.

Date of decision: 06-11-2018
France – Administrative Court of Appeal of Paris, 28 June 2018, N° 18PA00145
Country of applicant: Afghanistan

The impossibility to proceed with an asylum applicant’s transfer to another Member State responsible for examining the asylum application  is established once there is a clear and real risk for the interested party to be subject to torture or inhuman or degrading treatments within the meaning of articles 3 of the European Convention on Human Rights (ECHR) and 4 of the Charter of Fundamental Rights of the European Union (CFREU), even in the absence of having serious reasons to believe there are systemic failures in the Member State’s asylum system. 

Date of decision: 28-06-2018
Denmark - Refugee Appeals Board’s decision of 8 June 2018
Country of applicant: Somalia

The complainant, a Somali Citizen and a Sufi Muslim from Jaameel Sheen, Hiiraan Region, Somalia, had been detained and tortured by al-Shabaab due to teaching English.

Based on a consistent account in accordance with a medico-legal report from a torture investigation and country of origin information the Board found the applicant profiled in relation to al-Shabaab.

The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).

Date of decision: 08-06-2018
Court of The Hague, 19 March 2018, NL 17.11921
Country of applicant: Iraq

In assessing the credibility of a sexual orientation-related claim, personal circumstances have to be taken into account. That a person is not able to elaborate on his awareness and acceptance of his sexual orientation, is not sufficient to conclude that the applicant’s story lacks credibility, when the personal circumstances that explain this inability are considered credible.

Date of decision: 19-03-2018
Court of The Hague, 19 March 2018, NL 17.11921
Country of applicant: Iraq

In assessing the credibility of a sexual orientation-related claim, personal circumstances have to be taken into account. That a person is not able to elaborate on his awareness and acceptance of his sexual orientation, is not sufficient to conclude that the applicant’s story lacks credibility, when the personal circumstances that explain this inability are considered credible.

Date of decision: 19-03-2018
CJEU - Case C-473/16, F

National authorities can order experts’ reports with the purpose of assisting in the assessment of the facts and circumstances relating to a declared sexual orientation of an applicant, provided that the procedures for these reports are consistent with fundamental rights. However, the examining authority, courts or tribunal must not base their decision solely on the conclusions of an expert’s report and are not bound by these conclusions when assessing the applicant’s statements relating to his or her sexual orientation.

Moreover, national authorities are prohibited from preparing and using, in order to assess the veracity of a claim made by an applicant concerning his sexual orientation, of a psychologist’s expert report the purpose of which is, on the basis of a projective personality test, to provide an indication of the sexual orientation of the applicant. 

Date of decision: 25-01-2018
Switzerland – Federal Administrative Court, 5th September 2017, E-305/2017
Country of applicant: Morocco
According to the principle of non-Refoulement, Switzerland is obliged to apply Art. 17 Dublin-III-Regulation, examining an asylum application, if otherwise a provision of public international law could be infringed. 
 
That is the case when there is substantial evidence indicating that an asylum seeker will be tortured again in his home country, but the originally responsible state denied asylum and decided to deport the person. It needs to be examined, whether and to what extent the authorities included the evidence regarding torture in their decision-making.
 
Date of decision: 05-09-2017
Belgium - Council for Alien Law Litigation, 17 August 2017, n°190 672
Country of applicant: Albania

An asylum applicant who was a victim of previous persecution in their country of origin can be granted refugee status under article 1, C 5) of the Geneva Convention. This is because, due to the severity of the treatment applied, the applicant’s fear is exacerbated to such an extent that, even if the persecution has ceased to exist, a return to the country of origin would be unthinkable. 

Date of decision: 17-08-2017
UK - AM (Afghanistan) v Secretary of State for the Home Department, [2017] EWCA Civ 1123
Country of applicant: Afghanistan

Effective access to justice relies on an individual having a voice in the proceedings concerning him or her. Solely focusing on the credibility of the appellant’s account and not having regard to objective evidence testifying to the appellant’s vulnerability or the risk to the appellant of return to Afghanistan has led to the proceedings being neither fair nor just. A material error of law has therefore been committed. 

Date of decision: 27-07-2017