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ECtHR - A.M.A. v. the Netherlands, Application No. 23048/19, 24/10/2023
Country of applicant: Bahrain

States have a rigorous procedural obligation under Article 3 ECHR when assessing the risk of ill-treatment in a last minute asylum application submitted shortly before removal. Even where a subsequent application is made at a very late stage, domestic authorities cannot dismiss newly submitted documents as irrelevant due to lack of authenticity or translation without conducting any substantive assessment of their potential relevance in light of the applicant's individual circumstances and the general situation in the country of origin.

Date of decision: 24-10-2023
Relevant International and European Legislation: Article 33,Article 40,Article 41,Article 46,Article 3,Article 13,Article 34,Article 35,Article 41,Article 44,Article 46,Article 4
CJEU - C-921/19, LH v Staatssecretaris van Justitie en Veiligheid
Country of applicant: Afghanistan

Article 40(2) of the Asylum Procedures Directive does not distinguish between initial and subsequent applications for international protection. As such, Member States should not treat the assessment of evidence submitted in subsequent applications different from evidence submitted in a first application. Any document submitted by the applicant in support of his application for international protection must be considered, and the inability to authenticate that document cannot justify the exclusion of such a document from the examination.

Date of decision: 10-06-2021
Relevant International and European Legislation: Article 18,Art 19.1,Art 19.2,Article 47,Recital (3),Recital (18),Recital (25),Recital (36),Article 2,Article 10,Article 31,Article 33,Article 40,Article 41,Article 42,Art 52.1,Art 52.2,Art 52.3,Article 4,Article 14