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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents