Hungary - Metropolitan Court, 8 April 2010, K.H. v. Office of Immigration and Nationality, 15.K.31.662/2009/16
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What was at stake
EDAL summary. The Office of Immigration and Nationality (OIN) rejected an application for asylum and did not assess the risk of serious harm because the applicant was deemed not credible. The Metropolitan Court fou...
What happened
The applicant, a Kosovan national of Roma origin, and his family were threatened by unknown masked armed persons in 2005. They were threatened with death, raped, and robbed. The applicant and his family also had problems with Serbians and Albanians, which led them to flee their country of origin.
What the court decided
The Metropolitan Court found the decision of the Office of Immigration and Nationality (OIN) to reject the asylum application unlawful. The Court ordered a new procedure, stating that the OIN must obtain an expert opinion on the authenticity of the documents and assess the risk of serious harm separately from credibility. The OIN also needs to request relevant country of origin information regarding Kosovo.
How the court got there
The Metropolitan Court decided in favor of the applicant because the Office of Immigration and Nationality (OIN) failed to assess the risk of serious harm due to credibility concerns. The Court found that the OIN should have obtained an expert opinion on the authenticity of the documents and assessed the risk of serious harm separately from credibility. The Court also noted that the OIN incorrectly assessed the principle of non-refoulement exclusively in relation to Serbia, rather than Kosovo.
Statutes and cases cited
- § Qualification Directive 2004/83/EC
- § 1951 Refugee Convention
Categories
Authoritative link
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