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12/06/2023
EL: The Administrative Court of Athens held that the 17th Independent Appeals Committee failed to assess the statements and evidence regarding the medical condition of an applicant suffering from schizophrenia.

ECLI
Input Provided By
EUAA IDS
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
National law only (in case there is no reference to EU law/ECHR)
Reference
Greece, Administrative Court [Διοικητικό Πρωτοδικείο], Applicant v Regional Asylum Office of Samos, No 1002/2023, 12 June 2023. Link redirects to the English summary in the EUAA Case Law Database.
Permanent link to the case
https://caselaw.euaa.europa.eu/pages/viewcaselaw.aspx?CaseLawID=3635
Case history
Other information
Abstract

The applicant, a national from Sierra Leone suffering from schizophrenia, applied for international protection in Greece on the grounds of his sexual orientation but received a negative decision from the Regional Asylum Office of Samos. He then appealed against this decision. The 17th Appeals Committee rejected his appeal, stating it was unfounded; the committee argued that his statements regarding his sexual orientation lacked credibility.


The applicant contested the committee's decision before the Administrative Court of Athens. In its decision, the court found that the Appeals Committee had failed to assess the applicant's statements, as well as the evidence he provided, concerning his mental condition. The court also noted that the committee had not addressed the applicant's claims regarding deficiencies in interpretation during his personal interview with the Regional Asylum Office. Therefore, the administrative court upheld the applicant's appeal and annulled the decision of the 17th Appeals Committee.


Country of Decision
Greece
Court Name
EL: Administrative Court [Διοικητικό Πρωτοδικείο]
Case Number
No 1002/2023
Date of Decision
12/06/2023
Country of Origin
Sierra Leone
Keywords
Assessment of Application
Credibility
Gender identity / Gender expression / Sexual Orientation / SOGIESC
Interpretation/translation
Medical condition
Vulnerable Group