a previous negative decision. However, the appeal can be processed in the accelerated procedure,
which can disadvantage the asylum applicant, particularly as no explicit attention is given to whether
applicants assigned to the accelerated procedure are VoTs or traumatised persons.65 In most EU countries covered in this survey, there is the further possibility to submit a subsequent asylum application
after the initial claim has been rejected.66 In these cases, an MLR may be submitted as a new element
as long as it meets the conditions to be accepted as a new fact or circumstance.67
Rest of Europe:
Centres in the majority of countries in the rest of Europe indicated that an MLR can be submitted at any
point in the process (Turkey, Kosovo, Moldova). The Armenian centre did not provide any information
for this question.
North America and the Pacific
In Canada and the USA, MLRs can generally be submitted at any point in the asylum procedure. The
Immigration and Refugee Board of Canada can suggest that an expert report be submitted, and this
includes a medical, psychiatric, psychological or other expert report regarding the vulnerable person.
However, the IRB will not order or pay for an expert report.68 In the USA, there are no explicit policy
rules determining that MLRs must be taken into account, but they can be used as corroborative evidence. Health professionals can submit expert testimony, which provides additional credibility.
Both the centres in Australia and New Zealand indicated that an MLR can be submitted at any point in
the asylum procedure.69
QUESTION 8
What type of organisation is accepted by the national asylum authorities
to produce an MLR?
“”
Cordelia
Foundation,
Hungary
“The consideration of MLRs has improved in recent years. Most NGOs now rely
on MLRs produced by our centre when representing victims of torture in asylum
proceedings.”
Member centres were asked to indicate what type of organisation is accepted by the national asylum
authorities to produce an MLR: (a) a government institution; (b) a public hospital or health centre; (c)
a non-governmental organisation (NGO); (d) a private general practitioner (GP), either as an individual
or as part of a private health centre; (e) another organisation.
General observations
All respondents to this question indicated that at least two types of organisation are accepted to produce MLRs. In 89 percent of the countries that responded to this question reported that the authorities accept either an NGO or public hospital/health centre as being able to produce MLRs for asylum
applicants. In 61 percent of countries, centres indicated that both these categories are accepted. Of
note is that only 44 percent of the represented countries indicated that an MLR would be accepted if
produced by a government institution.
34 / Recognising victims of torture in national asylum procedures
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