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Opinion of Advocate General Hogan, delivered on 11 February 2021, Case C‑921/19, LH v. Staatssecretaris van Justitie en Veiligheid
The maintenance by a determining authority of a Member State of a practice whereby original documents can never constitute new elements or findings for the purposes of a subsequent asylum application if the authenticity of those documents cannot be established is incompatible with 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. There is no difference between copies of documents or documents originating from a non-objectively verifiable source submitted by an applicant in a subsequent application in so far as all documents have to be considered carefully and rigorously on an individual basis in order to ascertain whether they significantly add to the likelihood that the applicant qualifies as a beneficiary of international protection and in order to prevent a person from being expelled if he or she faces an individual and real risk of being subjected to treatment contrary to Article 19(2) of the Charter of Fundamental Rights of the European Union. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(2) of Directive 2011/95, cannot be interpreted as permitting a determining authority of a Member State, when assessing documents and assigning probative value to such documents, to distinguish between documents submitted in an initial application and those submitted in a subsequent application. A Member State, when assessing documents in a subsequent application, is obliged to cooperate with the applicant to the same extent as in the initial procedure. 11 February 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Fresh / New claim - Refugee / Asylum law | Countries: Afghanistan - Netherlands |
Observations to Proposed amendments to the Dutch Aliens Decree in relation to arranging the registration phase, the cancellation of the first hearing in the general asylum procedure and the implementation of several technical amendments
18 November 2020 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation |
Review of Gender, Child, and LGBTI Asylum Guidelines and Case Law in Foreign Jurisdictions: A Resource for U.S. Attorneys
May 2014 | Publisher: Center for Gender & Refugee Studies | Document type: Legal Articles/Analyses/Commentaries |
Europe's forced returnees claim abuse
10 April 2013 | Publisher: IRIN | Document type: Country News |
Women's Asylum News: Issue No. 94, August 2010
August 2010 | Publisher: Consonant (formerly Asylum Aid) | Document type: Country Reports |
The Researcher, June 2010
June 2010 | Publisher: Ireland: Refugee Documentation Centre | Document type: Legal Articles/Analyses/Commentaries |
Separated, asylum-seeking children in European Union Member States: Summary Report
30 April 2010 | Publisher: European Union: European Agency for Fundamental Rights | Document type: Thematic Reports |
The Dublin II Trap: Transfers of Asylum-Seekers to Greece
10 March 2010 | Publisher: Amnesty International | Document type: Country Reports |
The Netherlands: The Detention of Irregular Migrants and Asylum-Seekers
June 2008 | Publisher: Amnesty International | Document type: Country Reports |
Forced Migration Review No. 14 - Older displaced people: at the back of the queue?
1 July 2002 | Publisher: Refugee Studies Centre | Document type: Thematic Reports |