Case summaries
Netherlands - District Court Amsterdam, 7 April 2009, AWB 08/05416
Country of applicant:
Sierra Leone
Keywords:
Assessment of facts and circumstances, Credibility assessment, Legal assistance / Legal representation / Legal aid, Procedural guarantees
This case concerned the insufficient sourcing of evidence relied upon by the decision maker in dismissing the applicant’s claim for protection. It was found to be a violation of Art 16.1 of the Asylum Procedures Directive where the decision was insufficiently sourced in the applicant’s file. Further that this violation is not remedied by making specific references to those sources before the court.
Date of decision:
07-04-2009
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 8.2 (b),Art 8.3,Art 16.1