Case summaries
When no travel documents have been submitted the applicant can be held accountable for his failure to do so according to Art 311 (f) of the Aliens Act as the conditions of Art 4.5 of the Qualification Directive have not been established.
When medico-legal evidence of torture is provided by specialists and found credible it is incumbent on the Migration Board to put forward evidence that there is no further risk of torture in the relevant country.
For conversion to be considered an acceptable protection ground the religious belief must be genuine.
Converts to Christianity in Afghanistan face a general risk of persecution and inhuman or degrading treatment or punishment on return. However, the Migration Court of Appeal found that an Afghan applicant did not prove it was reasonably likely that his conversion from Islam to Christianity was founded on a genuine belief. He had not shown that if he returned to his country of origin he had the intention to live as a convert. There was also no evidence that the authorities in his country of origin knew that he had converted.
The CALL ruled that, if the Office of the Commissioner General for Refugees and Stateless Persons (CGRS) rejects an asylum request because “the applicant has a right of residence in a safe third country,” this should not be seen as an application of the concept of “safe third country” as contained in Art 26 and 27 of the Asylum Procedures Directive.
Where an applicant's account is rejected as incredible, his or her claim will only succeed where there is undisputed objective evidence which goes a long way towards showing that the applicant is nonetheless a member of a group that is at risk. The weight to be given to lies is fact sensitive and dependent on the relevance of the lie to the central issue in the appeal.
The Administrative Court held that the results of language analysis alone, contradicting the applicant’s description of events, cannot be seen as sufficient proof of the applicant’s place of residence if no other facts have been presented to support the result of the language analysis.
This case concerned the consideration of expert medical evidence by asylum decision makers and the link with the assessment of credibility. The Court found that the Refugee Appeals Tribunal failed adequately to consider strong medical evidence relating to torture in assessing the overall credibility of the applicant’s refugee claim. The Court also found that it is incumbent upon the asylum decision maker to give reasons for rejecting the contents of medico-legal reports, especially those with a high probative value.
Expulsion by France of two nationals of Belarus whose asylum claims had been rejected would amount to a violation of Article 3.
The CALL ruled that it is an applicant’s obligation to give as complete a picture as possible of their profile and past, including the countries and places of previous residence, in order to allow an assessment of the need for subsidiary protection. In the case of a stay/residence of many years outside his/her country of origin, it cannot be ruled out that the applicant has citizenship in a third country and that protection in Belgium is not needed.
Bidoons in Kuwait are not issued with ID documents and are denied work, school and medical care. Despite the quality of the documents the applicant submitted he was considered to have established his affiliation as an unregistered Bidoon. The Court found that he had a well-founded fear of being subjected to further persecution as an unregistered Bidoon and that he qualified for refugee status. He was granted permanent residence as a refugee.