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27/02/2023
SI: The Administrative Court ruled that, especially in the case of Iranians claiming fear of religious persecution, the case officer must ask the applicant relevant (sub)questions and distinguish between the reasons that led to leaving the country of origin, and the reasons which, as a result of widely known information about the situation in the country of origin, may cause the person to reasonably fear persecution or serious harm in the event of return.

ECLI
ECLI:SI:UPRS:2023:IU1582.2019.53
Input Provided By
EUAA Courts and Tribunals Network
Other Source/Information
Type
Judgment
Original Documents
Relevant Legislative Provisions
Revised Asylum Procedures Directive (Directive 2013/32/EU on common procedures for granting and withdrawing international protection) and/or APD 2005/85/CE; Revised Qualification Directive (Directive 2011/95/EU on standards for the qualification of third-country nationals or stateless persons as BIP for a uniform status for refugees or for persons eligible for subsidiary protection- recast)/or QD 2004/83/EC
Reference
Slovenia, Administrative Court [Upravno sodišče], Applicant v Ministry of the Interior, I U 1582/2019, ECLI:SI:UPRS:2023:IU1582.2019.53, 27 February 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=4014
Case history
Other information
Abstract

According to the summary provided by the EUAA Courts and Tribunals Sector:


"When establishing the facts during a personal interview and in connection with obtaining relevant information about the situation in the country of origin, the official person must ask the applicant relevant (sub)questions and distinguish between the reasons given by the applicant that led him to leave the country of origin, and the reasons which, as a result of widely known information about the situation in the country of origin, may cause him to reasonably fear persecution or serious harm in the event of return. This is particularly relevant in the case of applicants for international protection from Iran, if their reasons for fleeing are also linked to religious reasons. Therefore, from the point of view of the absolute prohibition of inhumane treatment, the competent authority or the court of a country that is a signatory to the ECHR is not always necessarily bound only by the reason for fear that the applicant states in his statements, but must verify ex officio a specific reason for justified fear."


Country of Decision
Slovenia
Court Name
SI: Administrative Court [Upravno sodišče]
Case Number
I U 1582/2019
Date of Decision
27/02/2023
Country of Origin
Iran
Keywords
Assessment of Application
Credibility
First Instance determination
Religion/ Religious Groups
Second instance determination / Appeal