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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
Ireland - High Court, 23 January 2009, V.O. v Minister for Justice, Equality and Law Reform & Anor, [2009] IEHC 21
Country of applicant: Nigeria
Keywords: Assessment of facts and circumstances, Country of origin information, Credibility assessment, Subsidiary Protection

This concerned whether the Office of the Refugee Applications Commissioner (ORAC) were required to make an assessment of subsidiary protection, and whether ORAC were obliged to examine country of origin information in every case. The court found that ORAC were not required to make a subsidiary protection assessment. The Court held that ORAC were not obliged to examine country of origin information in every case.

Date of decision: 23-01-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2 (e),Art 24,Art 17,Art 4,Art 6,Art 8.2 (b),Art 8.3