341.24 (EUA) n.º 48; 341.24 (EUA) n.º 48-a)
Monografia
4798, 4799
UNIÃO EUROPEIA. European Union Agency for Asylum (EUAA)
Judicial analysis on evidence and credibility assessment in the context of the Common European Asylum System : EUAA Judicial Publications for members of courts and tribunals / European Union Agency for Asylum.- 2.ª ed.- Luxembourg : Publications Office of the European Union, 2023.- 334 p. ; 30 cm. - (Judicial Publications)
Disponível em formato PDF no endereço: https://euaa.europa.eu/sites/default/files/publications/2023-02/Evidence_credibility_judicial_analysis_second_edition.pdf
ISBN 978-92-9400-742-1 (Broch.) : Oferta
DIREITO COMUNITÁRIO, DIREITO DE ASILO
Part 1. Introduction to evidence and credibility assessment in the asylum context. 1.1. Structure and scope. 1.2. Use of terminology. 1.2.1. Who is the decision-maker? 1.2.2. What is evidence? 1.2.3. What are ‘elements’? 1.2.4. What are material facts? 1.2.5. What are country of origin information and country information? 1.2.6. What is the obtaining of evidence? 1.2.7. What is evidence assessment? 1.2.8. What is credibility assessment? Part 2. The EU legal framework for evidence assessment. Part 3. Defining the tasks of members of courts or tribunals. 3.1. Examination of facts and points of law by a court or tribunal. 3.1.1. Right to an effective remedy. 3.1.2. Fact-finding by courts and tribunals. 3.2. Examination of points of law only. 3.3. Challenges. 3.3.1. Difference from typical criminal and civil law settings. 3.3.2. Translation and interpretation. 3.3.3. Cultural differences and geographic distance. 3.3.4. Factors affecting the applicant and the court or tribunal member. 3.4. Relevance of principles and standards for the conduct of hearings before courts or tribunals. 3.4.1. The conduct of a ‘facts and law’ hearing. 3.4.2. Remote hearings. 3.4.3. Hearings and the attitude/manner of the decision-maker. 3.4.4. Emotion at the oral hearing. 3.4.5. Manner of decision-making. 3.4.6. The effects of considering distressing material. Part 4. Specific principles and standards applicable to evidence and credibility assessment. 4.1. Introduction to Article 4 QD (recast). 4.2. Substantiation of the application. 4.2.1. Applicant’s duty to substantiate the application. 4.2.2. Applicant’s duty to substantiate the application ‘as soon as possible’. 4.2.3. The duty of the determining authority as regards substantiation of the application by the applicant. 4.2.4. Evidence or elements to be submitted. 4.2.5. Obtaining information on country of origin and countries of transit. 4.2.6. Obtaining the elements to substantiate the application – the personal interview. 4.2.7. Access to expert evidence. 4.2.8. Collection of information on individual cases and confidentiality. 4.3. Principles for the assessment of facts and circumstances. 4.3.1. Individual assessment. 4.3.2. Objective and impartial assessment. 4.3.3. Rigorous scrutiny. 4.3.4. The principle that information relied on must be disclosed. 4.3.5. Assessment must be based on all relevant elements. 4.3.6. Assessment must be based on material facts. 4.3.7. Evidence assessment and confirmation of statements (Article 4(5) QD (recast)). 4.3.8. Assessment in cases of doubt. 4.3.9. Standard of proof/level of conviction. 4.4. Methods for assessing the credibility of the applicant’s statements and documentary and/or other evidence. 4.5. Credibility indicators. 4.5.1. Internal consistency. 4.5.2. External consistency. 4.5.3. Sufficiency of detail. 4.5.4. Plausibility. 4.5.5. Demeanour. 4.5.6. Credibility indicators considered as a whole. 4.5.7. Other factors which may be relevant to assessing the facts. 4.5.8. Consideration of procedural standards. 4.6. Standards for assessing documentary evidence. 4.6.1. Relevance. 4.6.2. Existence and form. 4.6.3. Content, nature and author. 4.7. Standards for assessing expert evidence. 4.7.1. General standards. 4.7.2. Medical evidence and medical experts. 4.7.3. Country of origin information and expert evidence. 4.7.4. Language/linguistic evidence. 4.8. Standards for assessing country of origin information. 4.8.1. The legal requirement to consider COI. 4.8.2. Types and sources of COI. 4.8.3. Evaluation criteria. 4.8.4. The use of COI by courts and tribunals. 4.9. Evaluation of past and future persecution or serious harm (Article 4(4) QD (recast)). Part 5. Selected specific aspects relating to evidence and credibility assessment. 5.1. Assessment of evidence relating to disputed nationality or statelessness. 5.1.1. Substantiation of nationality by the applicant. 5.1.2. Assessing evidence relating to nationality. 5.2. Evidence and credibility assessment in cases involving minors. 5.2.1. The best interests of the child. 5.2.2. Age assessment. 5.2.3. Substantiation of the application. 5.2.4. Evidence and credibility assessment: specific factors to be taken into account in the case of minor applicants. 5.3. SOGI and religious conversion applications. 5.4. Evidence assessment in the application of the concept of internal protection. 5.5. Family relationships and evidence assessment. 5.6. Exclusion and the assessment of evidence. 5.6.1. Definitions. 5.6.2. Burden of proof and the duty of individual assessment. 5.6.3. Standard of proof. 5.7. Withdrawal of protection and assessment of evidence. 5.7.1. Burden of proof and the duty of individual assessment. 5.7.2. Obtaining the elements to demonstrate grounds for withdrawal of international protection. 5.7.3. Specific features affecting evidence and credibility assessment. 5.8. Subsequent applications and assessment of new evidence. 5.8.1. Admissibility of a subsequent application: new elements or findings. 5.8.2. Assessment of the subsequent application on the merits. 5.8.3. Remedy against a finding that a subsequent application is inadmissible. 5.9. Dublin III regulation and the assessment of evidence. 5.9.1. Obtaining and assessment of evidence relating to application of criteria for determining Member State responsible. 5.9.2. Obtaining and assessment of evidence relating to Article 3(2) second paragraph. 5.10. Evidence assessment in the application of safe country concepts. 5.10.1. Substantiation of the application of the safe country concepts. 5.10.2. Applicants’ opportunity to rebut a presumption of safety in the country of origin or third country. 5.10.3. Standard of proof and the safe country concepts. Part 6. Multidisciplinary approach to the assessment of evidence and credibility. 6.1. Memory: reliability and consistency of applicants’ statements. 6.1.1. Cultural differences in memory. 6.2. The impact of traumatic experiences. 6.3. Disclosure. 6.4. Cultural differences. 6.5. Gender. 6.6. Sexual orientation and gender identity. 6.7. Vulnerability. Appendix A. Checklists. Appendix B. Primary sources. Appendix C. Methodology. Appendix D. Case-law. Appendix E. Select bibliography.