Administration of justice / Fresh / New claim

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

2 September 2019 | Judicial Body: South Africa: High Court | Document type: Case Law | Topic(s): Fresh / New claim - Refugees sur place - Rejected asylum-seekers | Countries: Burundi - South Africa

30 May 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Children's rights - Deportation / Forcible return - Fresh / New claim - Illegal immigrants / Undocumented migrants | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

29 May 2015 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Deportation / Forcible return - Fresh / New claim | Countries: Nigeria - United Kingdom of Great Britain and Northern Ireland

25 November 2014 | Judicial Body: Belgium: Conseil d'État | Document type: Case Law | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Rule of law / Due process / Procedural fairness | Countries: Belgium

19 May 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Fresh / New claim | Countries: Afghanistan - United Kingdom of Great Britain and Northern Ireland

10 March 2014 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Credibility assessment - Fresh / New claim - Rule of law / Due process / Procedural fairness | Countries: Pakistan - United Kingdom of Great Britain and Northern Ireland

31 October 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Statelessness | Countries: United Arab Emirates - United Kingdom of Great Britain and Northern Ireland - Yemen

23 September 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland

9 September 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Document type: Case Law | Countries: Jamaica - United Kingdom of Great Britain and Northern Ireland