Afghanistan

(1) The duty of candour which applies in judicial review proceedings obliges the parties to disclose all material facts, including those which are or appear to be adverse to his case. (2) That duty also obliges the parties to make reasonable enquiries to identify such facts, so as to ensure that the judge dealing with the application has the full picture. (3) In practice, the duty of candour obliges an applicant’s legal representatives in Age Assessment Judicial Review proceedings to: (i) Ascertain what social media and other methods of communication are used by the applicant; (ii) Consider the relevant accounts with a view to ascertaining whether they contain any material which potentially undermines the applicant’s case; and (iii) Disclose any material which might be relevant to the case, including any material adverse to the applicant. (4) The duty is a self-policing one, but the Upper Tribunal might legitimately require a ‘disclosure statement’ from an applicant’s solicitor, confirming that the applicant has disclosed to them the details of any social media accounts that they hold and that the solicitor in question has undertaken a reasonable and proportionate search of those accounts in order to ensure that all documents relevant to the issues in the case have been disclosed. (5) When the Upper Tribunal considers an application for specific disclosure, it will be a highly material consideration that the applicant’s solicitor has made such a disclosure statement. (6) In order for the Upper Tribunal to make an order for specific disclosure, it is necessary for there to have been an application for the same; such an order cannot be made as a matter of course. Instead, the test will always be whether, in the given case, disclosure appears to be necessary in order to resolve the matter fairly and justly. (7) An order for specific disclosure of material from an applicant’s social media accounts is likely to represent an interference with 2 their private life and it is necessary to consider the breadth of the disclosure required in order to decide whether a less intrusive measure might suffice.

27 October 2022 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

The request for a preliminary ruling concerns the interpretation of Article 2 (j) of Directive 2011/95 / EU of the European Parliament and of the Council of 13 December 2011 concerning the standards relating to the conditions to be met by third country nationals or stateless persons in order to benefit from international protection, to a uniform status for refugees or persons eligible for subsidiary protection, and to the content of this protection

9 September 2021 | Judicial Body: European Union: Court of Justice of the European Union | Legal Instrument: 2011 Recast Qualification Directive (EU) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - Germany

11 September 2017 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Benefit of the doubt - Burden of proof - Evidence (including age and language assessments / medico-legal reports) - Refugee status determination (RSD) / Asylum procedures - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

13 July 2015 | Judicial Body: Lithuania: Supreme Court | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Unaccompanied / Separated children | Countries: Afghanistan - Lithuania

24 October 2014 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Arbitrary arrest and detention - Evidence (including age and language assessments / medico-legal reports) - Unaccompanied / Separated children | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

19 June 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

19 February 2014 | Judicial Body: Netherlands, The: Council of State (Raad van State) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Torture | Countries: Afghanistan - Netherlands

25 November 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Topic(s): Evidence (including age and language assessments / medico-legal reports) | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland