Case summaries

The right to be heard does not require, as a rule, that, where national legislation provides for two separate procedures for examining applications for refugee status and applications for subsidiary protection, the applicant for subsidiary protection is to have the right to an interview relating to his application and the right to call or cross-examine witnesses when that interview takes place. However, an interview must be arranged where specific circumstances render it necessary in order to examine an application with full knowledge of the facts.

The return of the applicants to Iraq violates Article 3 ECHR as there is a real risk of ill-treatment based on their personal circumstances as a targeted group and the Iraqi authorities’ diminished ability to protect them.

The Court suspended domestic proceedings and referred the case for preliminary ruling procedure to the Court of Justice of the European Union (CJEU). The Court asked the CJEU to clarify the substance of its ban on exposing applicants for international protection to ‘tests’ to substantiate their sexual orientation.

The decision of denying asylum is disproportionate, as the fact that the acts of persecution are indiscriminate and affect a large majority of the population do not exclude the application of the 1951 Convention when the necessary elements of the provision are present. The reports of UNHCR were also noted in the Court’s assessment, particularly regarding the risk groups that the organisation has characterised.

The case dealt primarily with the standard of reasoning required in credibility assessment among other issues (travel findings and best interests of the child). In quashing the RAT decision, the High Court ruled that the RAT had not met the standard of reasoning required in assessment of the credibility of oral testimony (as established in the jurisprudence of the Court and EU law), reiterating the obligation upon the decision maker to ensure that each negative credibility finding is accompanied by an adequate rationale clearly outlining the reasons for such findings.

This case examined the denial of a minor’s application for asylum which was decided primarily on the failure of his mother’s application. The Refugee Appeals Tribunal did not consider Country of Origin Information (COI) from the child’s perspective. Furthermore, clear reasons were not given for the refusal decision. The High Court granted leave and quashed the Refugee Appeals Tribunals decision to deny refugee status to the child. The Court also held that the best interests of the child should be a primary consideration of the Tribunal both with regard to the procedure and substantive consideration of appeal. 

This Case examines the refusal to grant refugee status to a Nepalese national. The Tribunal failed to provide clear, cogent reasoning for the decision. Documentation and explanations provided by the Applicant were not included in the decision. Unreasonable assumptions were made by the Tribunal including: as the Applicant’s wife, children and brother were safely residing in the country of origin, this inferred that the Applicant could do the same; since the applicant spent 6 years living safely in India, he could continue to live there safely. The High Court criticised the procedural approach by the Tribunal and the lack of coherent reasoning provided. The High Court granted leave and quashed the Tribunal’s decision.

This judicial review case quashed a Refugee Appeals Tribunal decision on the basis that the Tribunal member incorrectly made credibility findings regarding the applicant’s claim without a fully reasoned consideration of the country of origin information and a flawed reliance on inconsistencies in an Iranian Court document. 

An asylum seeker, submitting his claim to a non-competent authority is considered to be staying illegally in the territory of Greece and falls within the scope of the provisions on detention of Directive 2008/115/EC and Law 3907/2011 for returning illegally staying third-country nationals for as long as his identity remains unconfirmed. The deadline for the referral of his application to the competent authorities begins when the applicant provides assistance, as dictated by his duty to cooperate, with regards to the verification of his identity.

The judgment concerns the status of military deserters under the Qualification Directive (2004/83/EC) and the definition to be accorded to persecutory acts following on from a refusal to perform military service. Whilst the definition of military service is to include support staff the CJEU has held that there must be a sufficient link between the asylum seeker’s actions and the preparation or eventual commission of war crimes.  

The individual must establish with sufficient plausibility that his unit is highly likely to commit war crimes and that there exists a body of evidence capable of credibly establishing that the specific military service will commit war crimes. Moreover, desertion is the only way to avoid participation in war crimes and disproportionate and discriminatory acts should be assessed in light of a State’s domestic prerogatives.