Case summaries
The fact that a child suffered from epilepsy and that the quality of the care that the child could obtain in Sweden was higher than in the country of origin were not sufficient grounds to grant a residence permit on the grounds of “particularly distressing circumstances” which may only be granted in exceptional cases.
Exclusion from refugee status under Section 60 (8) (2) Residence Act/Art. 12.2 and Art. 12.3 of the Qualification Directive is only justified if the person concerned poses an ongoing threat.
This case examines why asylum or protection grounds should be examined carefully before the issuing of a permit may be considered for ‘exceptionally distressing circumstances’ as expressed in Chapter 5 Section 6 of the Aliens Act. Once an applicant has been assessed as having a reasonably likely need for protection against a specific part of the country of origin, then the assessment of whether there is an internal flight alternative must be carried out within the framework of the provisions on protection.
The case concerns access to a remedy with suspensive effect by an asylum seeker, who claimed asylum at the French border, against a potential removal from France to a country where there is real reason to believe he would face the risk of being subjected to ill-treatment contrary to Article 3 of the ECHR.
Traumatised people and those who have suffered otherwise psychologically and physically from flight behave differently when giving evidence compared with healthy people. This can mean that the full submissions relevant to asylum are not provided at the start of the proceedings or the traumatisation itself is not mentioned. These circumstances are to be taken into account during the ban on new evidence.
Exclusion from refugee status on the grounds of serious non-political crimes is only permissible if the applicant still poses a threat. The Court found that an applicant from Turkey, who had been subject to past persecution, was not sufficiently safe from renewed persecution if returned.
The Migration Court of Appeal concluded that the Migration Court made an error in carrying out a credibility assessment before evaluating the evidence. The Migration Board and the Courts must first consider if an applicant was able to make his or her account plausible based on the evidence relied on, and only thereafter make a credibility assessment.
The Court emphasised that an applicant may have the advantage of the benefit of the doubt if his or her account appears credible. In this case, the applicant was deemed not credible and therefore the benefit of the doubt was not applied.
It is important to carefully distinguish between what constitutes evidence and information submitted by the applicant.
For the purposes of assessing whether a child is a member of a particular social group, a person's age is an immutable characteristic.
The presence of an adult asylum applicant’s sibling in an EU Member State entails no obligation for that State to apply Art 7 Dublin Regulation, as siblings are not included in the definition of family members in Art 2(i). This was the case even though the applicant’s brother had been granted refugee status and, subsequently, citizenship in France.
Where reports from applicant’s country of origin establish that the minority group to which the applicant belongs is a target of discrimination and persecution from the authorities and police, the applicant’s claim cannot be refused on the grounds that he/she had not asked the authorities for protection and failed to exhaust all legal means available.