Burden / standard of proof / Credibility assessment

On those grounds, the Court (Third Chamber) hereby rules: 1. 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, must be interpreted as precluding national legislation under which any document submitted by an applicant for international protection in support of a subsequent application is automatically considered not to constitute a ‘new element or finding’, within the meaning of that provision, when the authenticity of that document cannot be established or its source objectively verified. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(1) and (2) of Directive 2011/95, must be interpreted as meaning, first, that the assessment of the evidence submitted in support of an application for international protection cannot vary according to whether the application is a first application or a subsequent application and, second, that a Member State is required to cooperate with an applicant for the purpose of assessing the relevant elements of his or her subsequent application, when that applicant submits, in support of that application, documents the authenticity of which cannot be established.

10 June 2021 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Credibility assessment - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - Netherlands

On appeal from [2014] UKAITUR AA048112013 (3 December 2014)

17 May 2017 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Children-at-risk - Credibility assessment - Mentally disadvantaged persons - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

13 July 2016 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): Armed groups / Militias / Paramilitary forces / Resistance movements - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Returnees - Social group discrimination | Countries: Afghanistan - Australia

14 October 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Complementary forms of protection - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Persecution based on political opinion - State protection | Countries: Afghanistan - Australia

5 October 2015 | Judicial Body: Australia: Administrative Appeals Tribunal | Topic(s): 1951 Refugee Convention - Credibility assessment - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Shia - Tajik | Countries: Afghanistan - Australia

8 July 2015 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity - Social group persecution | Countries: Afghanistan - Gambia - Netherlands - Uganda

10 December 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Credibility assessment - Rule of law / Due process / Procedural fairness - Standard of proof | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

2 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Topic(s): Credibility assessment - EU Qualification Directive - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Persecution on the basis of sexual orientation or gender identity | Countries: Afghanistan - Gambia - Netherlands - Uganda

30 July 2013 | Judicial Body: Australia: Refugee Review Tribunal | Topic(s): Credibility assessment - Flight by land, air or sea - Freedom of movement - Hazara - Persecution of family members - Racial / Ethnic persecution - Religious persecution (including forced conversion) - Sharia law - Shia - Social group persecution - Witnesses | Countries: Afghanistan - Australia