Case Law

an investigation into the origin of a foreign national is the responsibility of the state secretary and is not limited to a language analysis. If a language analysis does not provide a definitive answer about the origin of the applicant, but the State Secretary maintains his position that an alleged origin is not credible, he will have to motivate this. The State Secretary has, and wrongly, not been able to assess the credibility of the applicant's statement that she has been living indoors for 15 years. He also wrongly failed to respond to the report by Buro Kleurkracht that supports her story. The State Secretary has therefore not soundly substantiated that the origin of the applicant is not credible.

4 October 2018 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) | Countries: Iraq - Netherlands

11 July 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Freedom from torture, inhuman and degrading treatment - Refugee identity documents - Travel documents | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

1 April 2013 | Judicial Body: Australia: Refugee Review Tribunal | Countries: Australia - Iraq

14 January 2013 | Judicial Body: Australia: Refugee Review Tribunal | Countries: Australia - Iraq - Jordan

On appeal from the Court of Appeal (England and Wales: [2010] EWCA Civ 696.

25 May 2011 | Judicial Body: United Kingdom: Supreme Court | Topic(s): Appeal / Right to appeal - Complementary forms of protection - Credibility assessment - EU Qualification Directive - Unaccompanied / Separated children | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

10 June 2010 | Judicial Body: Bulgaria: Supreme Administrative Court | Topic(s): Burden of proof - Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Bulgaria - Iraq

21 April 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Persecution of family members - Security situation | Countries: Iraq - New Zealand

18 December 2009 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Country of origin information (COI) - Credibility assessment - Hindu - Religious persecution (including forced conversion) - State protection | Countries: Australia - Iraq

On appeal from the Asylum and Immigration Tribunal (AIT No: AA/04748/2005).

24 July 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Credibility assessment - Criminal justice - Prosecution vs persecution | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from the Asylum and Immigration Tribunal (AIT No: AA/08751/2006).

1 July 2008 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Abduction - Credibility assessment - Criminal justice - Deportation / Forcible return - Evidence (including age and language assessments / medico-legal reports) - Residence permits / Residency | Countries: United Kingdom of Great Britain and Northern Ireland