Evidentiary assessment in refugee status determination and the EU qualification directive
(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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Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/759148
- author
- Noll, Gregor LU
- organization
- publishing date
- 2005
- 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
- publisher
- Kluwer Law International
- ISSN
- 1354-3725
- language
- English
- LU publication?
- yes
- id
- fda6b242-f56b-44f4-9da2-35b2770c1463 (old id 759148)
- date added to LUP
- 2016-04-04 13:22:13
- date last changed
- 2020-04-08 15:14:30
@article{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}}, issn = {{1354-3725}}, keywords = {{human rights; refugee law; mänskliga rättigheter; flyktingrätt}}, language = {{eng}}, number = {{2}}, pages = {{295--317}}, publisher = {{Kluwer Law International}}, series = {{European Public Law}}, title = {{Evidentiary assessment in refugee status determination and the EU qualification directive}}, url = {{https://lup.lub.lu.se/search/files/8160959/Evidentiary_Assessment_in_Refugee_Status_Determination_and_the_EU_Qualification_Directive.pdf}}, volume = {{12}}, year = {{2005}}, }