Registry”.61 However, the weight given to such evidence will depend on the credibility of underlying facts in support of the allegations.62 Pacific region Both the centres in Australia and New Zealand confirmed that MLRs are sometimes acknowledged as relevant evidence in practice or policy. In Australia, there are no explicit legislative guidelines acknowledging MLRs as evidence in the current legislation,63 nor any reference to the use of MLRs in the Department of Immigration and Citizenship’s information on the initial assessment of claims. However, the Migration Review Tribunal and Refugee Review Tribunal have published non-binding guidelines that state that expert evidence, in the form of written reports provided by an applicant, may be submitted during a hearing. Expert evidence is generally submitted in the form of written reports, and the guidelines refer specifically to medical or psychological expertise. The guidelines also confirm that the Tribunal will have due regard to expert opinion and the basis upon which an expert has reached an opinion, including the use of clinical diagnostic criteria, the number and frequency of consultations and relevant experience.64 QUESTION 7 When can an MLR be submitted in the national asylum procedure? “” VI.TO/CIR, Italy “In a recent case, a woman showing severe psychological sequelae of extreme trauma appealed the refusal of her asylum application and submitted an MLR as evidence. The appeal court decided to grant subsidiary protection. In some cases where a severe clinical condition is certified in the MLR, humanitarian protection will be granted instead.” Member centres were asked to specify at what stage of the asylum procedure an MLR could be submitted: (a) at any point in the asylum procedure; (b) before the first decision has been taken; (c) during the appeal stage; (d) after appeal, as new evidence to reopen the claim; or (e) other. More than one answer was possible and the responses are shown below. General observations Centres in 72 percent of countries represented in the survey indicated that an MLR can be submitted at any point in the asylum procedure. This gives a good indication that in the majority of countries participating in the survey an asylum-seeker should be able to submit medical evidence at any stage during the asylum process, and that MLRs can play a significant role in the asylum procedure. However, only 39 percent of represented countries indicated that an MLR is submitted before the first decision is made on the asylum application. The low figure shows that there remains a need to encourage states to acknowledge that the availability of medical evidence as early as possible in the asylum procedure is a benefit to both the applicant and the state. Considering the medical evidence early on in the asylum procedure avoids protracted decision-making and ensures that first decisions take all evidence into account. Early medical evaluation will also help the victim to seek treatment and rehabilitation. It is also important that the decision-maker receives training on how to consider an MLR with all other evidence available. 32 / Recognising victims of torture in national asylum procedures

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