Case summaries

Discrepancies within evidence brought before the decision maker does not eschew the duty upon said decision maker to investigate the authenticity of the document. A person’s age is to be taken into account when evaluating evidential inconsistencies.

When relying on internal relocation a thorough assessment of all available evidence must be undertaken, including personal circumstances pertaining to the applicant. 

The applicant challenged by way of judicial review the decision of the Refugee Appeals Tribunal (hereinafter RAT) (adverse credibility findings) on the grounds that it failed to have reasonable regard to the documents submitted.  The Court held that the Tribunal failed to provide reasons rejecting a medico-legal report and further held that the Tribunal’s analysis of documentary evidence supportive of ethnicity submitted was wrong in fact.  The Court quashed the decision of the Tribunal.  

The case focused on, among other things (consideration of documentation & country of origin information), the crucial issue of the duty of the State to provide appropriate and competent interpreters during the asylum process. Quashing the RAT (Refugee Appeals Tribunal)decision in this case, Faherty J ruled that she was not satisfied that the RAT had done its utmost, as required by law, to procure a Kurdish-Badini interpreter, and that the Court has to countenance the possibility that an error in interpretation could account for the perceived discrepancies in the applicant’s oral evidence.

The applicant’ s description of a situation which gives rise to a risk to his life or physical integrity, deriving from gender-based violence, social or religious group violence, family/domestic violence, which is accepted, tolerated or not tackled by the State, imposes an ex proprio motu further investigation upon the Judiciary. The latter entails an investigation into the control of  violence described by the applicant in terms of whether it is widespread, whether there is impunity for the acts as well as the State’s response

When verifying an asylum seeker’s claimed sexual orientation, Member States’ freedom of action is constrained by the Charter of Fundamental Rights.

The evaluation of an asylum application should not be based on stereotyped notions and should include an individualised assessment taking into account the applicant’s personal circumstances, vulnerability in particular.

Not declaring homosexuality at the outset to the relevant authorities can not result in a conclusion that the individual’s declaration lacks credibility.

A case may be re-examined in substance by the CNDA, if the facts referred to by the Applicant took place after the last decision of the CNDA or if it is proven that the Applicant could not have been aware of them prior to the previous court decision.

A person who has been a member of an armed unit which has committed systematic violence, and who has not attempted to prevent it or be dissociated from the other members is personally guilty and therefore cannot be granted the refugee status.

The applicants’ removal from Sweden to Somalia would not expose them to a real risk of being subjected to treatment in breach of Article 3 ECHR.

The European Court of Human Rights (ECtHR) found that the procedure for examining applications for family reunification had to contain a number of elements, having regard to the applicants’ refugee status on the one hand and the best interests of the children on the other, so that their interests as guaranteed by Article 8 of the Convention from the point of view of procedural requirements were safeguarded.

ECtHR majority rules that the temporary return of a homosexual man from Sweden to Libya would not violate Article 3 as short term concealment of sexual orientation would be tolerable in order to reduce risk of persecution. 

In the case of the Nigerian asylum-seeker, the Court found the objection of the OIN unfounded, repealed its decision and ordered the OIN to conduct a new procedure.

The Court emphasised that the contradictions which were encountered by the OIN were irrelevant regarding the applicant’s flight testimony, therefore the applicant can be considered credible.