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Belgium
Country of Decision : Belgium
Court Name : BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL]
Date of decision : 22/06/2021
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : no 257 030

X v Commissaire général aux réfugiés et aux apatrides (CGRS)

Eritrea

BE: The CALL confirms negative decision for an Eritrean applicant who failed to provide credible statements and evidence for his alleged illegal exit and military desertion

X, Eritrean national, was rejected asylum and contested the negative decision before the Council for Aliens. The CALL rejected the appeal and found that the applicant’s statements were not credible on many accounts. First, the applicant gave contradictory information in Italy, Norway and Belgium with regard to his personal data (birth date, identity documents), his experience and living conditions in Eritrea alongside with information on the moment he left Eritrea, travel route and the alleged illegal exit.

The CALL reiterated the importance of the duty of cooperation which means that it is in principle for the applicant for international protection to submit as soon as possible all the necessary elements to substantiate his application because the applicant is essentially the only party able to provide information on his personal circumstances. Only then, if the information provided by the applicant si not complete, the authorities conduct an investigation and cooperate with the applicant in order to gather all the elements capable of substantiating the application, including up to date country of origin information. The next stage includes the legal assessment of the data gathered by the investigating authorities in order to decide whether legal conditions are met, and international protection can be granted.

In the present case, the CALL noted that the applicant failed to provide credible information and documentation to sustain his claims on illegal exit and military desertion. Moreover, the CALL concluded that it does result neither from the country of origin information nor from the documents attached to the application that Eritreans who legally left the country would face prosecution upon return.

Assessment of Application; Asylum Procedures/Special Procedures; Credibility; Eritrea; Military service; Conscientious objection; Desertion; Draft evasion; Forced conscription; Return/Removal/Deportation;

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; Revised Reception Conditions Directive (Directive 2013/33/EU laying down standards for the reception of applicants for international protection) and/or RCD 2003/9/CE;

EASO IDS

Belgium, Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X v Commissaire général aux réfugiés et aux apatrides (CGRS), no 257 030 , 22 June 2021. Link redirects to the English summary in the EASO Case Law Database.

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=2054

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