QUESTION 6
Are MLRs acknowledged as relevant evidence in the national asylum procedure?
“”
RvA NL,
Netherlands
“National asylum procedures seem completely unpredictable. MLRs appear to be
treated in an inconsistent manner by the immigration authorities. The same quality MLR can at times help a victim of torture to obtain status whilst at other times
it is ignored by immigration authorities.”
General observations
In most of the represented countries in all three regions, MLRs are not acknowledged in law, but are
acknowledged in policy or practice (de facto) to varying degrees. Only centres in three countries (16
percent), all in Europe, confirmed that MLRs are acknowledged by law. MLRs are sometimes acknowledged as relevant evidence, either through policy or practice in over half the participating countries
(52 percent). One organisation in a non-EU country indicated that MLRs are not acknowledged at all,
which is concerning.
Are MLRs acknowledged as relevant evidence in the national asylum procedure?
“”
CTSF, Finland
No acknowledgment in law or practice:
Armenia.
Yes, acknowledged by law: Kosovo,
No (1; 5%)
Moldova, Netherlands.
Yes, acknowledged de facto
Yes - by law (3; 16%)
(always): Canada, Turkey, USA.
Yes, acknowledged de facto
Yes - de facto (always) (3; 16%)
(sometimes): Bulgaria,
France, Germany, HunYes - de facto (sometimes) (10; 53%) gary, Ireland, Italy, Kosovo,
Sweden, Australia, New
Zealand.
Yes - de facto (seldom) (1; 5%)
Yes, acknowledged
de facto (seldom):
Croatia. Yes,
Yes - de facto (not sure how often) (1; 5%)
acknowledged de
facto (not sure how
often): Finland.
“An example of worst practice is when an MLR is provided as evidence but the
decision-maker argues that the victim’s injuries could have arisen in any other
way as well.”
Europe
EU countries:
Most of the centres in EU states indicated that MLRs are sometimes acknowledged as relevant evidence in policy or practice, but not by law. The Netherlands is the only EU state where MLRs are acknowledged by law to be relevant evidence in the national asylum procedure. The Dutch asylum regu30 / Recognising victims of torture in national asylum procedures
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