Burden / standard of proof / Credibility assessment

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

The Council of State handed down four judgments on 15 November 2016 regarding the intensity of judicial review with regards to the credibility assessment done by the administration.

15 November 2016 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Legal Instrument: 2013 Recast Asylum Procedures Directive (EU) | Topic(s): Credibility assessment - Effective remedy | Countries: Netherlands

29 December 2015 | Publisher: Netherlands, The: Council of State (Raad van State) | Document type: Bilateral Treaties/Agreements

8 July 2015 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | 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

2 December 2014 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | 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

25 February 2014 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

18 December 2013 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Document type: Case Law | Topic(s): Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) - Refugees sur place - Well-founded fear of persecution | Countries: Netherlands - Sierra Leone

21 August 2013 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

25 March 2013 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | 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: Netherlands

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