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Italy - Court of Milan, 5 December 2007, RG 8802/2006
Country of applicant: Congo (DRC)
Keywords: Integration measures

Foreign citizens with refugee status have the same rights as Italian citizens as regards social assistance and related rights such as, for example, payment of attendance allowance under L.18/80.

Date of decision: 05-12-2007
Netherlands - AJDCoS, 12 July 2007, 200703181/1
Country of applicant: Congo (DRC)
Keywords: Assessment of facts and circumstances, Duty of applicant, Subsequent application

Under Art 4 of the Qualification Directive the applicant is obliged to substantiate his application. No obligation exists on the State, if the applicant failed to do so, to provide an expert who can establish the authenticity of the submitted documents.

Date of decision: 12-07-2007
ECtHR - Mubilanzila Mayeka and Kaniki Mitunga v Belgium, Application No. 13178/03
Country of applicant: Congo (DRC)
Keywords: Best interest of the child, Detention, Inhuman or degrading treatment or punishment, Return, Vulnerable person

Multiple violations of the Convention by the Belgian Government by detaining an unaccompanied five-year-old child at a transit centre for adult foreigners, removing her and conditions in which she was removed to her home country. Distress and anxiety of the mother as a result of her daughter’s detention and deportation resulted in a number of violations of the Convention. 

Date of decision: 12-10-2006
UK - Immigration Appeal Tribunal, 16 December 2004, HE (DRC - credibility and psychiatric reports) DRC [2004] UKIAT 00321
Country of applicant: Congo (DRC)
Keywords: Assessment of facts and circumstances, Credibility assessment, Medical Reports/Medico-legal Reports
The court identified the limitation of psychiatric evidence when adduced as corroboration of past facts. 
Date of decision: 16-12-2004
Belgium – Council of State, 27 November 2002, Nr. 113.002
Country of applicant: Congo (DRC)
Keywords: Subsequent application
The Council of State confirmed that a new element, in a subsequent application  (Art 51/8 of the Belgian Aliens Law – see comments section below) can relate to facts or situations that occurred after the last phase of the procedure in which the applicant could have submitted them and also consist of new evidence relevant to an earlier situation.

The Council also found that the Immigration Department can only reject, at the phase of taking into consideration of an application, the elements that are not new in the sense of Art 51/8 or that are manifestly irrelevant.
Date of decision: 27-11-2002
UK - Immigration Appeal Tribunal, 10 June 1994, Kaja (Political asylum; standard of proof) (Zaire) [1994] UKIAT 11038
Country of applicant: Congo (DRC)
Keywords: Assessment of facts and circumstances, Standard of proof
The Immigration Appeal Tribunal (IAT) addressed the question of whether the assessment of facts and the determination of refugee status involved a two stage process with different standards of proof. The standard of proof for the assessment of status is “reasonable degree of likelihood.”
Date of decision: 10-06-1994