Refugee Caselaw Site
University of Michigan Law School

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Q.Asylum Proceeding
By beker (Wien, Neidosterrich, Austria) On Mar 12, 2012 Public
Asylum Country : Austria,
Description : My client applied for asylum based on his political opinion,he testified at lengh during a master hearing,presented evidence to support his claim including 1-A statement from the president of his political party confirming his persecution, 2-His party membership card. 3-An appointment letter for the position he held in the party. 4. Notoriety Affidavit from a member of his party with whom he was arrested and detained with. 5-A Copy of a death certificate of his brother killed during torture. 6-A release police bond. 7.A Court bail bond. Investigations were carried out in his home country and two of his evidence were declared forged by the embassy investigator ,that was 1 and 2 , in Evidence 1 the investigator stated that the case number belongs to another case and for Evidence 2 the court has no Jurisdiction.he states no further on how he reached his conclusion and his qualification.what should be done in this case and what could be the out come on appeal?

Replied By Palmer (Ann Arbor, Michigan United States) On May 21, 2012

False documents could generally lead to a negative credibility finding or suggest that the applicant does not have a well-founded fear of persecution. Please see U466/11 v High Court for Asylum and U3428/09 v High Court for Asylum, two Austrian cases relating to the impact of fraud by the applicant and credibility in relation to the establishment of well-founded fear. http://www.refugeecaselaw.org/redirectpdf.aspx?caseid=1771 http://www.refugeecaselaw.org/redirectpdf.aspx?caseid=2101

Assigned Cases

1.

U3428/09 v High Court for Asylum

Date Decided : Apr 27, 2010 Court : Constitutional Court
Jurisdiction : Austria Country of Origin : Cameroon
Hathaway Number(s) : 3.0, 3.1, 3.1.3, 3.1.4, 3.2, 3.2.1, 3.2.3, 3.2.4, 3.2.5, 4.2, 4.3, 5.4 Site Name :
Description : Wife of labor unionist was twice arrested, raped and ill-treated during public protests organized by opposition SDF party against food and fuel prices.

2.

U466/11 v High Court for Asylum

Date Decided : Mar 14, 2012 Court : Constitutional Court
Jurisdiction : Austria Country of Origin : China
Hathaway Number(s) : 3.2, 3.2.2 Site Name :
Description : The decision concerned two cases of Chinese applicants, one of them alleged that he had been beaten by police officers, the other one alleged that he owed money to someone and feared imprisonment; claimants' credibility at issue.
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