Disability-Focused COI Research

Project duration: April 2021 – March 2022. The next project of this format focusing on statelessness is currently ongoing. 

Through consultations with legal representatives in the UK, we became aware of the absence of relevant Country of Origin Information about persons with disabilities and the simultaneous prevalence of widespread misconceptions about disability issues in the international protection legal sector, which contributed to the rejection of meritorious claims of persons with disabilities. As a consequence, we implemented the following activities:

1. Produced a country report on the situation of children and young people with disabilities in Nigeria, combining interviews with individuals with authoritative knowledge on the topic alongside excerpts from country information available in the public domain;
2. Developed a principles document to share key research insights
3. Developed a training handbook and delivered a series of complementary training webinars to guide those conducting Country of Origin Information research on disability related issues.

“Gaining insight into the breadth of issues in asylum claims by people with disabilities or family members with disabilities and breaking down the various aspects of a claim to research [was the most helpful aspect of the training]; the overview of different models of disability and terminology were also very helpful.” – A training participant

We collaborated with Garden Court Chambers’ Immigration Team to launch the project through a webinar in February 2022, during which we presented the country report, Nigeria: Children and Young people with disabilities, as well as findings from a rapid review of COI sources. We introduced models and understandings of disability, and our Principles for Conducting COI research on Disability and presented a review of the legal context for international protection claims for persons with disabilities, and what this means for conducting disability-focused COI.

To learn more about key disability research principles, refer to our blog post Five Tips for Disability-Focused COI Research

Access the Report

Asylos presented this report on September 30th 2024 with Foundation for Access to Rights – FAR. FAR presented its litigation concerning the legal status of Palestinian asylum seekers registered with UNRWA (United Nations Relief and Works Agency for Palestine Refugees in the Near East). In particular, the Court of Justice of the European Union (CJEU) judgment, handed down on June 13th 2024 in the case C-563/22, is key for Palestinian asylum seekers in the EU, providing a legal framework for their protection when UNRWA assistance is cut off. It reaffirms the right to protection, in line with European law. The Court held:

• If the referring Bulgarian court concludes, in view of the general conditions of life in the Gaza Strip, UNRWA’s protection or assistance in its area of ​​operation has ceased, the stateless persons of Palestinian origin should be legally granted refugee status, if no other exclusionary circumstances apply to them under EU law (Article 12(1)(b) and paragraphs 2 and 3 of Directive 2011/95) [paragraphs 85 and 86].

• Article 12(1)(a) of Directive 2011/95 should be construed to mean that the protection or assistance of UNRWA enjoyed by an applicant for international protection who is a stateless person of Palestinian origin shall be deemed to have ceased, when, on the one hand, that authority is unable — for any reason whatsoever, including for a reason connected with the general situation in the sector of the area of ​​operation, in which the permanent residence of the stateless person was — to provide that stateless person, possibly in view of his vulnerable situation, decent living conditions corresponding to his mission, without being required to prove that he is specifically affected by this general situation due to circumstances inherent in his personal situation, and on the other hand, upon return for the same stateless person there is a serious threat to his safety, possibly given his vulnerable state, and the administrative and judicial authorities are obliged to carry out an individual assessment of each application for international protection within which the age of the person may be relevant [paragraph 90].

• UNRWA assistance or protection shall be deemed to have ceased when, for whatever reason, that authority can no longer provide for any stateless person of Palestinian origin residing in the area of ​​operation, where that applicant was habitually resident, decent living conditions or minimum safety conditions [paragraph 90].

• Article 10(3)(b) of Directive 2013/32 obliges Member States to ensure […] updated information is obtained from various sources, such as the European Union Agency in area of ​​asylum (EUAA) and UNHCR, as well as by the relevant international organisations for the protection of human rights, in relation to the general situation in the country of origin of the applicant or, if they are stateless, in the country of their previous habitual residence [paragraph 77].

Image Credit – Anas-Mohammed

Do you have any comments or feedback on our project? We would love to hear it! Send us an email at info@asylos.org.

The project is part of a series of initiatives that address critical gaps in country of origin information. It was made possible with the kind support of the Paul Hamlyn Foundation.