Hungary - Metropolitan Court, 28 December 2010, A.M. v. Office of Immigration and Nationality, 15.K.34.141/2009/12
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What was at stake
EDAL summary. Country of origin information can verify a situation in which the risk of persecution can exceptionally be considered to be proved without substantiating the personal circumstances of the applicant. T...
What the court decided
The Metropolitan Court held that when country of origin information demonstrates a situation of indiscriminate violence reaching the threshold of an armed conflict, the risk of persecution can exceptionally be considered proved without requiring the applicant to substantiate personal circumstances. The Court found that the Office of Immigration and Nationality had failed to properly collect and evaluate relevant country of origin information, and that the applicant's credibility was not a prerequisite for granting subsidiary protection under Article 15(c) of the Qualification Directive. Consequently, the Court determined that the applicant faced a real risk of serious harm in Ghazni Province, Afghanistan, and was entitled to subsidiary protection.
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