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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 : 11/04/2019
Type : Judgment
ECLI :
Case Number/Citation/ Document Symbol : No. 219 682

X. and X. (Afghanistan) vs General Commissioner for Refugees and Stateless persons (Commissaire général aux réfugiés et aux apatrides)

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.  

Afghanistan; Assessment of Application; Credibility; Vulnerable Group;

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;

EASO IDS

Belgium,BE: Council for Alien Law Litigation [Conseil du Contentieux des Étrangers - CALL], X. and X. (Afghanistan) vs General Commissioner for Refugees and Stateless persons (Commissaire général aux réfugiés et aux apatrides), 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

https://caselaw.easo.europa.eu/pages/viewcaselaw.aspx?CaseLawID=697