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Slovenia - Supreme Court of the Republic of Slovenia, 18 October 2012, I Up 471/2012
Country of applicant: Afghanistan

When assessing the application for international protection the Ministry of Interior (MI) did not take into account the Applicant’s youth, lack of education and background. The MI did not conduct the procedure and pose questions in a manner that was suitable to the Applicant’s age and personality.

The country of origin information that the Applicant submitted only in his appeal against the decision should be accepted as this is generally available information that MI could have obtained on its own.

Date of decision: 18-10-2012
Relevant International and European Legislation: Art 39,Art 13.3 (a),Art 8.2 (a),Article 47
Hungary - Metropolitan Court, 4 February 2011, S.M.R. v. Office of Immigration and Nationality, 17.K.30.302/2010/18-II
Country of applicant: Iran

The Iranian applicants’ asylum claim was rejected by the authorities as they were not found credible. As a result of this finding, the authorities did not consider their account in light of the country of origin information on Iran. The court quashed the decision and granted refugee status to the family reasoning that the authorities are obliged to carry out a thorough and complete fact assessment.

It was found that the contradictions in the applicants' account were not relevant from the point of view of international protection. The court also ruled that the authority is obliged to clarify misunderstandings at hearings, at the same time applicants have to be given the opportunity to justify contradictions and incoherencies in their statements.

Date of decision: 04-02-2011
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.1,Art 4.2,Art 10.1 (e),Art 10.1 (b),Art 4.3 (c),Art 4.3 (b),Art 1A,UNHCR Handbook,Para 199,Para 210,Art 13.3 (a)