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11/04/2019
BE: Council for Alien Law Litigation ruled in the assessment of documents issued by Afghan authorities in a case of two brothers who became aged-out UAMs

ECLI
Input Provided By
EUAA IDS
Other Source/Information:
Referral to the CJEU
No
Original Documents
Type
Judgment
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
Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X. and X. (Afghanistan) v General Commissioner for Refugees and Stateless persons (Commissaire général aux réfugiés et aux apatrides), No. 219 682, 11 April 2019. 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=697
Case history
Related cases:
Abstract

Case related the credibility assessment base on documents issued by Afghan authorities and the declarations made by two Afghan brothers who applied for asylum in Belgium when they were minors.

Based on country of origin information and the vulnerability of the applicants given their young age, the Court ruled that the brothers would not have access to real and durable protection if returned to Afghanistan. Therefore, they had a well-established fear of being persecuted and should be granted refugee status. The Court annuled previous decisions and granted them refugee status.  

Country of Decision
Belgium
Court Name
BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Case Number
No. 219 682
Date of Decision
11/04/2019
Country of Origin
Afghanistan
Keywords
Afghanistan
Assessment of Application
Credibility
Vulnerable Group