Case summaries
Belgium – Constitutional Court, 1 December 1994, Nr. 83/94
Country of applicant:
Romania
This case concerned subsequent applications for asylum. The Constitutional Court ruled that Art 50, (3) and (4) of the Belgian Aliens Law (current Art 51/8) should be interpreted in such a way that the possibility to lodge an appeal for suspension of that decision is only excluded in cases where the following three conditions are met:
(1) the applicant has filed an earlier asylum application that was refused;
(2) the applicant has had the opportunity to appeal this decision and to exhaust his legal remedies;
(3) the applicant is making an identical asylum application without submitting any new elements.
Date of decision:
01-12-1994
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 32
UK - Immigration Appeal Tribunal, 10 June 1994, Kaja (Political asylum; standard of proof) (Zaire) [1994] UKIAT 11038
Country of applicant:
Congo (DRC)
The Immigration Appeal Tribunal (IAT) addressed the question of whether the assessment of facts and the determination of refugee status involved a two stage process with different standards of proof. The standard of proof for the assessment of status is “reasonable degree of likelihood.”
Date of decision:
10-06-1994
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4,Art 1A,UNHCR Handbook,Para 42