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Burden / standard of proof / Credibility assessment

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Pride or Shame? The Follow-Up: The New Work Instructions and the Assessment of LGBTI Asylum Applications in the Netherlands

April 2023 | Publisher: COC Netherlands | Document type: Country Reports

A.Y. v Switzerland

22 July 2022 | Judicial Body: UN Committee Against Torture (CAT) | Document type: Case Law | Legal Instrument: 1984 Convention against Torture (CAT) | Topic(s): Country of origin information (COI) - Credibility assessment - Freedom from torture, inhuman and degrading treatment - Military service / Conscientious objection / Desertion / Draft evasion / Forced conscription | Countries: Eritrea - Switzerland

Somali Association of South Africa and Others v The Refugee Appeal Board and Others (Case no 585/2020) [2021] ZASCA 124 (23 September 2021)

23 September 2021 | Judicial Body: South Africa: Supreme Court of Appeal | Document type: Case Law | Topic(s): Burden of proof - Credibility assessment - Persecution based on political opinion - Rule of law / Due process / Procedural fairness | Countries: Somalia - South Africa

LH v Staatssecretaris van Justitie en Veiligheid

On those grounds, the Court (Third Chamber) hereby rules: 1. 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, must be interpreted as precluding national legislation under which any document submitted by an applicant for international protection in support of a subsequent application is automatically considered not to constitute a ‘new element or finding’, within the meaning of that provision, when the authenticity of that document cannot be established or its source objectively verified. 2. Article 40 of Directive 2013/32, read in conjunction with Article 4(1) and (2) of Directive 2011/95, must be interpreted as meaning, first, that the assessment of the evidence submitted in support of an application for international protection cannot vary according to whether the application is a first application or a subsequent application and, second, that a Member State is required to cooperate with an applicant for the purpose of assessing the relevant elements of his or her subsequent application, when that applicant submits, in support of that application, documents the authenticity of which cannot be established.

10 June 2021 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Topic(s): Credibility assessment - Refugee status determination (RSD) / Asylum procedures | Countries: Afghanistan - Netherlands

UNHCR's Comments on the Legislative Amendment Proposal to the Refugee Act of the Republic of Korea

17 February 2021 | Publisher: UN High Commissioner for Refugees (UNHCR) | Document type: Comments on National Legislation

AFFAIRE M.R. c. SUISSE (Requête no 6040/17)

no violation of article 2 or 3 ECHR

16 June 2020 | Judicial Body: Council of Europe: European Court of Human Rights | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Rejected asylum-seekers | Countries: Iran, Islamic Republic of - Switzerland

AB (Hong Kong) [2019] NZIPT 801635

11 October 2019 | Judicial Body: New Zealand: Immigration and Protection Tribunal | Document type: Case Law | Topic(s): Credibility assessment - Mental health - Well-founded fear of persecution | Countries: Hong Kong (Special Administrative Region of China) - New Zealand

Arrêt n° 219 682

11 April 2019 | Judicial Body: Belgium: Conseil du Contentieux des Etrangers | Document type: Case Law | Topic(s): Corruption - Credibility assessment - Security situation - Unaccompanied / Separated children | Countries: Afghanistan - Belgium

Applicant v. State Secretary for Security and Justice, 201805022/1/V2

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

JUDGMENT OF THE COURT (Third Chamber) on preliminary ruling request under Article 267 TFEU from the Szegedi Közigazgatási és Munkaügyi Bíróság (Administrative and Labour Court, Szeged, Hungary), in Case C‑473/16, F v. Bevándorlási és Állampolgársági Hivatal (Office for Immigration and Citizenship, Hungary)

This request for a preliminary ruling concerns the interpretation of Article 1 of the Charter of Fundamental Rights of the European Union (‘the Charter’) and Article 4 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 (OJ 2011 L 337, p. 9).

25 January 2018 | Judicial Body: European Union: Court of Justice of the European Union | Document type: Case Law | Legal Instrument: 1950 European Convention on Human Rights (ECHR) | Topic(s): Credibility assessment - Lesbian, gay, bisexual, transgender and intersex (LGBTI) | Countries: Hungary - Nigeria

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