Case summaries
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.
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.
In cases of deportation to a third country, the competent authority is required to assess, on a case-by-case basis, if the third country offers effective legal protection against deportation to the state of origin.
In the case of a Turkish journalist of Kurdish origin, the competent authority had only insufficiently assessed if the applicant enjoys sufficient legal protection in Brazil against refoulment to Turkey. It therefore violated her right to be heard.
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.
The complainant is an ethnic Galadi and a Muslim from Afgoye, Somalia. On 6 April 2017, the Danish Immigration Service decided not to prolong the complainant’s subsidiary protection under the Danish Aliens Act Art. 11 (2), cf. Art. 19 (1) no. 1 and Art. 19 (7) cf. Art. 26 (1).
After an overall assessment of the country of origin information the Board found that a deportation of the complainant to Afgoye no longer constitutes a violation of Denmark’s international obligations including ECHR article 3. However, regarding the assessment under the Aliens Act article 26, the Board found that due to the applicant’s economic, linguistic and social integration the Immigration Service’s decision to end the applicant’s subsidiary protection was incorrect. Thus the Board decided to uphold his subsidiary protection under the Danish Aliens Act Art. 7 (2).
In countries where there is a high prevalence of female genital mutilation (FGM), as in Nigeria, non-excised persons can be considered as having a well-founded fear of persecution for reasons of membership of a particular social group within the meaning of Article 1A(2) of 1951 Refugee Convention. Refugee status can be granted where there is a considerable risk of excision and insufficient protection against this threat.
The competent authority has to respect as legally binding a court order that determines a certain date of birth and thereby the minority of an applicant. This is also the case if the applicant himself indicates another (earlier) date of birth.
The personal interview of a minor without his legal representative constitutes a significant procedural violation. The facts are presumed to not be ascertained. The competent authority has to ascertain the facts and circumstances once again.
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.
In case of reasonable doubt, the statement of the applicant for asylum about his or her date of birth has to be viewed as a credible statement.
Following the appeal of the Children’s Rights Ombudsman, the Supreme Administrative Court set aside the order of the Regional Administrative Court, in relation to a challenge to the decision of the Polish Refugee Board, and set aside the aforementioned decision to refuse tolerated stay, dismissing the appeal in all other respects.
The court justified its decision with reference to the procedural errors of the Polish Refugee Board, which included failing to gather evidence in an appropriate manner and inappropriately establishing the facts relating to the Applicant’s children.