Case summaries
This case concerns the State’s obligation under Article 19(3) of the Reception Direction to trace the family members of unaccompanied child asylum applicants. The Court considers the effect on their claims where there is a failure by the State to carry out that duty.
This case concerns a child asylum applicant who had his appeal against refusal of asylum considered after he had turned 18, and thus had become an adult. He complained that this breached Article 39 of the Procedures Directive (effective remedy).
There is not currently an indiscriminate conflict in Afghanistan (as a whole, or in any province) within the meaning of Article 15(c). Internal protection is in general possible in Kabul; however it is unreasonable to expect certain categories of women to seek internal protection within Afghanistan.
This case concerns the State’s obligation to attempt to trace the family members of unaccompanied minor asylum seekers.
When reaching a decision, the Defendant should have protected the best interest of the child. Taking into account the fact that the Applicant is a minor and providing legal representation for a minor applicant, are necessary elements in the process of demonstrating and establishing the facts. The principle of protecting the best interest of the child has to be enforced when assessing the risk that the absolute rights of the child might be violated if he is returned to his country of origin and needs to be reflected in the Defendant’s burden of proof as well as in the rules and standards of evidence (in relation to subsidiary protection).
The Defendant should already have started searching for parents during the procedure for international protection and not only once the procedure for removing the child from the state has begun.
Threats and violence against a person’s family members can be considered as acts of persecution where that person is connected to the facts which previously led to the violence..
The Plaintiff needs to state all circumstances known to him in relation to his persecution; however he does not need to establish a material and legal connection between the persecution and the reasons for persecution.
The fact that somebody is a child in Afghanistan can mean that he belongs to particular social group.