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 practice, psychiatric and other medical evaluations have been successfully used to influence the decision on applicant’s credibility in some cases.[3]
In 2023, the medical evaluation was made in two cases. In both cases the medical examination was conducted in order to determine if the person is capable of participating in the procedure. In 1 case, it was established that the applicant is not capable to independently participate in the procedure. Age assessment was not conducted in 2023.[4]
[1] Article 21(2) IPA.
[2] Article 39 IPA.
[3] Observation by the PIC.
[4] Official statistics provided by the Migration directorate, March 2024.