Case Law

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) | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) | Countries: Iraq - Netherlands

18 February 2013 | Judicial Body: United Kingdom: Upper Tribunal (Immigration and Asylum Chamber) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

5 November 2010 | Judicial Body: United Kingdom: High Court (England and Wales) | Topic(s): Complementary forms of protection - Country of origin information (COI) - Deportation / Forcible return - EU Qualification Directive - Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Internal armed conflict - Kurd | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

The case summary in English has been prepared in the framework of the Knowledge-Based Harmonisation of European Asylum Practices Project (2010-2012), co-financed by the European Refugee Fund.

10 June 2010 | Judicial Body: Bulgaria: Supreme Administrative Court | Topic(s): Burden of proof - Country of origin information (COI) - Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) | Countries: Bulgaria - Iraq

21 April 2010 | Judicial Body: New Zealand: Refugee Status Appeals Authority | Topic(s): Credibility assessment - Evidence (including age and language assessments / medico-legal reports) - Non-state agents of persecution - Persecution based on political opinion - Persecution of family members - Security situation | Countries: Iraq - New Zealand

Petition for judicial review.

1 April 2010 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Changes of circumstances in home country - Christian - Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Religious persecution (including forced conversion) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Application for judicial review.

26 March 2010 | Judicial Body: United Kingdom: Court of Session (Scotland) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Fresh / New claim - Honour killings - Kurd - Right to family life - Social group persecution - Transgression of social / cultural norms | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

On appeal from Queen's Bench Division, Administrative Court (CO/3004/2008).

25 February 2010 | Judicial Body: United Kingdom: Court of Appeal (England and Wales) | Topic(s): Evidence (including age and language assessments / medico-legal reports) - Freedom from torture, inhuman and degrading treatment - Fresh / New claim - Manifestly unfounded / Clearly abusive claims - Prosecution vs persecution | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland

Heard at Field House on 6 November 2008.

31 July 2009 | Judicial Body: United Kingdom: Asylum and Immigration Tribunal / Immigration Appellate Authority | Topic(s): Christian - Country of origin information (COI) - Evidence (including age and language assessments / medico-legal reports) - Internal flight alternative (IFA) / Internal relocation alternative (IRA) / Internal protection alternative (IPA) - Non-state agents of persecution - Religious persecution (including forced conversion) | Countries: Iraq - United Kingdom of Great Britain and Northern Ireland