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Greece - Council of State, 5 July 2007, 1628/2007
Keywords: Burden of proof, Procedural guarantees, Relevant Documentation, Protection, Well-founded fear, Obligation to give reasons

Application for annulment of a decision by the Minister of Public Order

 

This case concerned the interpretation of Presidential Decree 61/1999 in light of Directive 2004/83/EC andexamined the reasoning of the Administration's decision in an application for recognition as a refugee, in an appeal for annulment. The minutes of the Advisory Committee should cite not only the interested party's claims but also the content of the questions put by members of the Committee and the alien's responses, as well as a detailed assessment of the claims and of any documentation or other evidence which may have been submitted. There is an obligation on the members of the Committee to deliver a reasoned judgment on the credibility of the asylum seeker. 

Date of decision: 05-07-2007
Relevant International and European Legislation: Art 4.3,Art 9,Art 4,Recital 6,Art 39,Art 1A,Art 38,Article 15
France - CRR, 16 January 2007, Mrs. M., n°587557
Country of applicant: Angola
Keywords: Assessment of facts and circumstances, Persecution Grounds/Reasons, Well-founded fear, Political Opinion

In order to assess the persecution fears of a person in case of return to his/her country of origin, concrete modes in which such a return will most likely take place must be taken into consideration.

Date of decision: 16-01-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4.3,Art 10.2