Hungary - Metropolitan Court, 23 September 2009, M.A.A. v. Office of Immigration and Nationality, 21.K.31484/2009/6
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What was at stake
EDAL summary. The Office of Immigration and Nationality (OIN) found the applicant not credible and therefore did not assess the risk of serious harm. Instead the OIN granted protection against refoulement. The Metr...
What the court decided
The Metropolitan Court held that the Office of Immigration and Nationality must conduct an individual assessment of the risk of serious harm and cannot rely solely on the applicant's credibility; consequently it annulled the OIN's decision on serious harm and ordered a new procedure to assess subsidiary protection.
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