Burden / standard of proof / Evidence (including age and language assessments / medico-legal reports)
- Case Law 4
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Applicant v. State Secretary for Security and Justice, 201805022/1/V2
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) | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) | Countries: Iraq - Netherlands |
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X v. the State Secretary for Security and Justice
25 August 2014 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Exclusion clauses - Rule of law / Due process / Procedural fairness - Torture | Countries: Netherlands - Turkey |
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X v. Secretary of State for Security and Justice
19 February 2014 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Torture | Countries: Afghanistan - Netherlands |
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X v. Secretary of State for Security and Justice
31 July 2013 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Countries: Iran, Islamic Republic of - Netherlands |
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State Secretary of Security and Justice vs A
13 January 2012 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Administrative law - Evidence (including age and language assessments / medico-legal reports) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution - Standard of proof | Countries: Iran, Islamic Republic of - Netherlands |
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X v. The Minister for Immigration, Integration and Asylum
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. 18 August 2011 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Countries: Netherlands - Uganda |
