Burden / standard of proof

6 June 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Court Interventions / Amicus Curiae

6 May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

May 2019 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Country Reports

Whether there is a sufficiency of protection from harm by the state for the appellant in his home area in Albania and if not whether there is protection available for him in Tirana or elsewhere. If it is, whether it is reasonably open to the appellant to relocate to Tirana (or elsewhere) in the light of his sexual orientation as a gay man.

26 March 2019 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Country of origin information (COI) - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Albania - United Kingdom of Great Britain and Northern Ireland

1. The Court of Justice of the European Union has jurisdiction, on the basis of Article 267 TFEU, to interpret Article 11(2) of Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification in a situation such as that at issue in the main proceedings, where a national court is called upon to rule on an application for family reunification lodged by a beneficiary of subsidiary protection, if that provision was made directly and unconditionally applicable to such a situation under national law. 2. Article 11(2) of Directive 2003/86 must be interpreted as precluding, in circumstances such as those at issue in the main proceedings, in which an application for family reunification has been lodged by a sponsor benefiting from subsidiary protection in favour of a minor of whom she is the aunt and allegedly the guardian, and who resides as a refugee and without family ties in a third country, that application from being rejected solely on the ground that the sponsor has not provided official documentary evidence of the death of the minor’s biological parents and, consequently, that she has an actual family relationship with him, and that the explanation given by the sponsor to justify her inability to provide such evidence has been deemed implausible by the competent authorities solely on the basis of the general information available concerning the situation in the country of origin, without taking into consideration the specific circumstances of the sponsor and the minor and the particular difficulties they have encountered, according to their testimony, before and after fleeing their country of origin.

13 March 2019 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Complementary forms of protection - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Family reunification | Countries: Eritrea - Netherlands

6 March 2019 | Judicial Body: United Kingdom: Supreme Court | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Torture | Countries: Sri Lanka - United Kingdom of Great Britain and Northern Ireland

9 January 2019 | Publisher: National Legislative Bodies / National Authorities | Document type: National Legislation