Back to explore
Justice Matrix · Case profile

X v International Protection Appeals Tribunal and Others

European Court of JusticeCourt of Justice of the European Union (First Chamber)2023Europe
Pending
Strategic issue

What was at stake

Whether determining authorities must obtain up-to-date country of origin information and medico-legal reports on mental health when assessing asylum applications under Article 4(1) of Directive 2004/83.

Facts

What happened

An applicant sought international protection and challenged the International Protection Appeals Tribunal's decision, arguing that the determining authority failed to obtain adequate up-to-date country of origin information and failed to commission a medico-legal report on the applicant's mental health as required by Article 4(1) of Directive 2004/83.

Key holding

What the court decided

The Court held that Article 4(1) of Directive 2004/83 requires determining authorities to obtain up-to-date country of origin information and a medico-legal report on the applicant's mental health to properly assess the applicant's situation.

Reasoning

How the court got there

The Court determined that Article 4(1) of Directive 2004/83 establishes a duty for determining authorities to gather comprehensive and current information about the country of origin, including country of origin information and medical/psychological assessments, to ensure a thorough evaluation of the asylum claim and the applicant's personal circumstances.

Authorities

Statutes and cases cited

Statutes & treaties
  • § Directive 2004/83/EC art. 4(1)
Issue areas

Categories

refugeeasylum
Source

Authoritative link

Source of record
https://www.asylumlawdatabase.eu
Disclaimer and licence

This is a research and reference resource, not legal advice. Summaries are prepared from public sources and may be incomplete or out of date. Always read the original judgment or document and consult a qualified lawyer in the relevant jurisdiction before acting.

Narrative summaries on this page are licensed CC BY-NC 4.0. Reuse them with attribution to JusticeHub for non-commercial purposes. Original judgments and source documents remain under their own terms; follow the authoritative link for the source of record.