Case summaries
Slovakia - Supreme Court of the Slovak Republic, 11 September 2012, B.S. v Ministry of Interior of the Slovak Republic, 1Sža/18/2012
Country of applicant:
Ivory Coast, Somalia
“If an asylum applicant is shown to be in need, and if it can be expected that an applicant’s fundamental human rights and freedoms would or might be infringed, the administrative authority must give the applicant for asylum or subsidiary protection the benefit of the doubt in relation to the facts stated by the applicant.”
Date of decision:
11-09-2012
Relevant International and European Legislation:
Art 2 (k),Art 15,Art 4,Para 89,Para 90
Belgium - Council for Alien Law Litigation, 24 June 2010, Nr. 45.396
Country of applicant:
Kosovo
Referring to Belgian law and the provisions of the Qualification Directive, the Council for Alien Law Litigation (CALL) held in a General Assembly decision that the need for protection should be assessed against the country of nationality or against the country of former habitual residence (where the applicant is a stateless person or their nationality is unclear).
Date of decision:
24-06-2010
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2 (e),Art 2,Art 2 (k),UNHCR Handbook,Para 87,Para 89