In this note, NANSEN examines the use of guidelines published by the UNHCR and the European Asylum Agency (EUAA). It discusses these guidelines in general and, more specifically, in the context of applications for international protection made by Afghan asylum seekers. The Note highlights the guidelines’ objectives, the processes by which they were developed, their content and their legal status.
An analysis of the most recent guidelines in the context of applications for international protection from Afghan applicants shows that, in this case, greater weight should be given to the UNHCR Guidance Note of February 2022. We also note that where the advice of the UNHCR Guidance Note is not observed, the burden of proof rests solely with the CGRS to establish that there is sufficient information available to take (negative) decisions.
The NANSEN Note concludes that the COI Focus of May 2022 on which the CGRS relies to fully resume decision-making on international protection applications from Afghan applicants is not sufficient to carry out thorough individual assessments.
Read here the NANSEN Note 2022/02 Guidelines HCR and EUAA Guidance