Author
The law provides that the applicant has to submit all documentation and evidence at their disposal which support their statements made in the application.[1] In practice this can also include medical reports regarding their past persecution or serious harm.
The preparation of a medical opinion, or any other type of expert opinion, can also be ordered by the Migration directorate, in which case the costs are covered by the State.[2] There are no criteria set in the law or administrative practice to indicate when a medical examination for the purpose of drafting a medical report should be carried out. No guidelines are in place to guarantee the use of the methodology laid down in the Istanbul Protocol.
In some past cases, psychiatric and other medical evaluations have been successfully used to influence the decision on applicant’s credibility.
In 2022 the medical evaluation was made in 6 cases. In 3 cases the medical examination was conducted in order to determine if the person is capable of participating in the procedure. In 2 cases it was established that the applicant is not capable to independently participate in the procedure. In 2 cases the medical examination was conducted for age assessment. In 1 case the medical examination was conducted by a clinical psychologist for children. In 2 of these cases the medical examination was order by the Administrative Court.[3]
[1] Article 21(2) IPA.
[2] Article 39 IPA.
[3] Official statistics provided by the Migration directorate, March 2022.