asylum process, refer to Part I. 41. UNHCR. Asylum Trends 2012: Levels and Trends in Industrialized Countries. March 2013. p.8. One third of asylum-seekers in Australia originate from Afghanistan or Sri Lanka. centres were asked to specify the institution that those responsible for identifying VoTs belong to, what profession they have, what training they receive and who provides the training. 54. BafF (German Association of Psychosocial Centres for Refugees and Victims of Torture) is the umbrella organisation of NGOs providing counselling and treatment to VoTs and refugees in Germany. See: http://www.baff-zentren.org/. See also: www. sbpm.de. 55. Canada. The Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27. grants the Immigration and Refugee Board (IRB) jurisdiction with respect to claims for refugee protection, which includes those applicants in danger of torture, who are considered by the IRB to be a person in need of protection. See: http://www.irb-cisr.gc.ca/ (accessed on 21 May 2013). 56. The Netherlands. Medical advice is outlined in Vreemdelingencirculaire, Vc C 11/6 and the working instruction for lawyers and immigration officers (WI 2010/13). MLRs as medical evidence are mentioned in Vc C 14/3.5.2. Available at: http:// wetten.overheid.nl/ (accessed on 29 April 2013). 57. Bundesverwaltungsgericht (Federal Administrative Court, BverwG), U. v. 11.9.2007, 10 C 8.07. 58. For further explanation see: Deutscher Anwalt Verein Arbeitsgemeinschaft Ausländer- und Asylrecht (2008). Traumatisierung: Wann muss aufgeklärt warden? In: ANA-ZAR 1. 2008: 6. Kleinhans M., Bell R., Zeiger H. Amtsermittlungspflicht bei einer geltend gemachten PTBS- Erkrankung (2008) Bundesamt für Migration und Flüchtlinge. Entscheidungen Asyl. 59. See Part 3 for further discussion on changes to the asylum directives in the CEAS. 42. Australia. Australia Human Rights Commission. Available at: www.humanrights.gov.au/publication/asylum-seekers-and-refugees (last accessed on 23 September 2013). 43. Professor Triggs G., President of the Australian Human Rights Commission. Speech delivered to the United Nations Association of Australia (WA Division): Current issues Australia faces in relation to its treatment of refugees. 24 October 2012. Available at: http://www.humanrights. gov.au/about/media/speeches/speeches_president/2012/20121024_refugees.html (last accessed on 23 September 2013). 44. New Zealand Human Rights Commission. Available at: http://www.hrc.co.nz/report/chapters/ chapter12/asylum02.html (last accessed on 23 September 2013). 45. Poole G.E. and Galpin G. Prevalence of victims of torture in the health screening of quota refugees in New Zealand during 2007-2008 and implications for follow-up care. New Zealand Medical Journal. July 2011; 124. 46. New Zealand. Immigration New Zealand. Immigration Act 2009: Refugee and protection status determinations. Available at: http://www.immigration.govt.nz/migrant/general/generalinformation/immigrationact/factsheets/refugees.htm (last accessed on 23 September 2013). 47. The ICAR Foundation (Romania) carried out a survey on Medical Certification on Torture in April 2012. Some of the questions in the survey, which are relevant to the issues raised in this report, are referred to in the analysis in Part 2. 48. Denmark, The Danish Institute Against Torture — DIGNITY; and Serbia, International Aid Network – Center for Rehabilitation of Torture Victims (IANCRTV). 60. See Part 3 for further discussion on RC v Sweden (application no. 41827/07), March 2010. 61. 49. Croatia became the 28th EU Member State on 1 July 2013. Turkey is a candidate country to the EU. Kosovo is a potential candidate country. 50. See for example: Swiss Refugee Council. Asylum procedure and reception conditions in Italy: Report on the situation of asylum seekers, refugees, and persons under subsidiary or humanitarian protection, with focus on Dublin returnees. May 2011. Available at: http://www.refworld.org/ docid/4e2699b92.html; and UNHCR. Observations on Greece as a country of asylum. December 2009. Available at: http://www.unhcr.org/refworld/docid/4b4b3fc82.html (last accessed on 23 September 2013). 51. See Part 3 for more detailed discussion on the changes to the EU Reception Conditions Directive. 52. It is interesting to note that from 1998 to 2008 asylum-seekers were given a mandatory medical screening which was funded by the Armenian state. However, the law was amended in 2008 and medical screening, was removed as a standard requirement. However, a medical examination can be conducted on a voluntary basis. 53. If the answer to this question was affirmative, Canada. Immigration and Refugee Board. Guideline on procedures with respect to vulnerable persons appearing before the IRB. December 2006. Paragraph 1.5 states: “A person’s vulnerability may be due to having experienced or witnessed torture or genocide or other forms of severe mistreatment”. Paragraph 7 refers to early identification, 7.1 states: “A person can be identified as vulnerable at any stage of the proceedings. It is preferable to identify vulnerable persons at the earliest opportunity”. Paragraph 7.3 states: “Counsel for a person who may be considered vulnerable is best placed to bring the vulnerability to the attention of the IRB, and is expected to do so as soon as possible.” 62. Ibid. paragraph 8.5. 63. Australia. Migration Act 1958 and Migration Regulations (SR 1994, No. 268). Available at: http:// www.comlaw.gov.au/ (accessed on 21 May 2013). 64. Australia. Migration Review Tribunal and Refugee Review Tribunal. Guidance on the Assessment of Credibility. See 2.1, 8.2 and 8.4. 65. Care Full: Medico-legal reports and the Istanbul Protocol in asylum procedures. 2005. p.151. See also Part 3 for discussion on accelerated procedures. 66. The terminology differs, e.g. in Germany this is referred to as a subsequent procedure; in France Recognising victims of torture in national asylum procedures / 83

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