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Evidentiary assessment in refugee status determination and the EU qualification directive

Noll, Gregor LU (2005) In European Public Law 12(2). p.295-317
Abstract
Evidentiary assessment in asylum procedures is an area largely unregulated by international law. While the EU Qualification Directive does not purport to fill this lacuna, its Article 4 offers a norm that does touch on a number of central aspects of evidentiary assessment. This article provides a detailed analysis of this complex provision and its practical implications. Amongst others, the Directive obliges Member States to communicate any information that impacts on the relevance of the applicant's statements.

The processing of information and evidence is divided into three distinct stages. The first deals with the submission of information, the second seeks to establish the relevance of the information provided by the applicant... (More)
Evidentiary assessment in asylum procedures is an area largely unregulated by international law. While the EU Qualification Directive does not purport to fill this lacuna, its Article 4 offers a norm that does touch on a number of central aspects of evidentiary assessment. This article provides a detailed analysis of this complex provision and its practical implications. Amongst others, the Directive obliges Member States to communicate any information that impacts on the relevance of the applicant's statements.

The processing of information and evidence is divided into three distinct stages. The first deals with the submission of information, the second seeks to establish the relevance of the information provided by the applicant and to assess it, while the third concerns evidentiary assessment in the narrow sense, considering the value of evidence and basing the decision on it. Implicitly, the Directive imposes a duty on the authorities to identify the applicant's claim, and concurrently, the themes of proof flowing from it. This might very well exceed present practice in Member States, and would thus translate into an improvement for the rule of law at large.
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
human rights, refugee law, mänskliga rättigheter, flyktingrätt
in
European Public Law
volume
12
issue
2
pages
295 - 317
language
English
LU publication?
yes
id
fda6b242-f56b-44f4-9da2-35b2770c1463 (old id 759148)
date added to LUP
2008-01-18 18:52:52
date last changed
2016-07-06 14:12:06
@misc{fda6b242-f56b-44f4-9da2-35b2770c1463,
  abstract     = {Evidentiary assessment in asylum procedures is an area largely unregulated by international law. While the EU Qualification Directive does not purport to fill this lacuna, its Article 4 offers a norm that does touch on a number of central aspects of evidentiary assessment. This article provides a detailed analysis of this complex provision and its practical implications. Amongst others, the Directive obliges Member States to communicate any information that impacts on the relevance of the applicant's statements.<br/><br/>The processing of information and evidence is divided into three distinct stages. The first deals with the submission of information, the second seeks to establish the relevance of the information provided by the applicant and to assess it, while the third concerns evidentiary assessment in the narrow sense, considering the value of evidence and basing the decision on it. Implicitly, the Directive imposes a duty on the authorities to identify the applicant's claim, and concurrently, the themes of proof flowing from it. This might very well exceed present practice in Member States, and would thus translate into an improvement for the rule of law at large.<br/>},
  author       = {Noll, Gregor},
  keyword      = {human rights,refugee law,mänskliga rättigheter,flyktingrätt},
  language     = {eng},
  number       = {2},
  pages        = {295--317},
  series       = {European Public Law},
  title        = {Evidentiary assessment in refugee status determination and the EU qualification directive},
  volume       = {12},
  year         = {2005},
}