Afghanistan

The maintenance by a determining authority of a Member State of a practice whereby original documents can never constitute new elements or findings for the purposes of a subsequent asylum application if the authenticity of those documents cannot be established is incompatible with Article 40(2) of Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection, read in conjunction with Article 4(2) of Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted. There is no difference between copies of documents or documents originating from a non-objectively verifiable source submitted by an applicant in a subsequent application in so far as all documents have to be considered carefully and rigorously on an individual basis in order to ascertain whether they significantly add to the likelihood that the applicant qualifies as a beneficiary of international protection and in order to prevent a person from being expelled if he or she faces an individual and real risk of being subjected to treatment contrary to Article 19(2) of the Charter of Fundamental Rights of the European Union. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(2) of Directive 2011/95, cannot be interpreted as permitting a determining authority of a Member State, when assessing documents and assigning probative value to such documents, to distinguish between documents submitted in an initial application and those submitted in a subsequent application. A Member State, when assessing documents in a subsequent application, is obliged to cooperate with the applicant to the same extent as in the initial procedure.

11 February 2021 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Fresh / New claim - Refugee / Asylum law | Countries: Afghanistan - Netherlands

19 May 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Fresh / New claim | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

22 February 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Fresh / New claim | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

2 March 2011 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Complementary forms of protection - Fresh / New claim - Rejected asylum-seekers - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

21 December 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Appeal / Right to appeal - Complementary forms of protection - Country of origin information (COI) - EU Qualification Directive - Fresh / New claim - Internal armed conflict | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

7 October 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Hazara - Persecution based on political opinion - Persecution of family members - Racial / Ethnic persecution | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

Petition for judicial review.

22 June 2010 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Persecution based on political opinion - Persecution of family members | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

On appeal from the Queen's Bench Division, Administrative Court: R (on the application of Haidary) v. Secretary of State for the Home Department [2008] EWHC 1911 (Admin).

14 December 2009 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Complementary forms of protection - Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Fresh / New claim - Mental health - Post-traumatic stress disorder (PTSD) - Right to family life | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland