S.L. 420.7 Art. 9Examination of facts and circumstances.

(1) The International Protection Agency may, from time to time, lay down the rules and guidelines applicable to the procedure for the determination of an application.

(2) The International Protection Agency shall examine the application as soon as possible and shall, in the assessment of the credibility of an applicant’s claim, endeavour to gather all relevant information that will enable him to make a recommendation taking due account of the applicant’s cooperation in the proceedings.

(3) The applicant shall submit as soon as possible all elements needed to substantiate the application for international protection. Such elements shall consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding the applicant’s age, background, including that of relevant relatives, identity, nationality, country and place of previous residence, previous applications for international protection, travel routes, travel documents and the reasons for applying for international protection.

(4) For the purpose of this regulation, the International Protection Agency or its representative shall retain all such elements for as long as necessary.

(5) The International Protection Agency shall assess the relevance of the elements referred to in sub-regulation (4). When aspects of the applicant’s statements are not supported by documentary or other evidence, such aspects shall not need confirmation if:

(a) the applicant has made a genuine effort to substantiate his application;

(b) all relevant elements at the applicant’s disposal have been submitted and a satisfactory explanation has been given regarding any lack of other relevant elements;

(c) the applicant’s statements are found to be coherent and plausible and do not run counter to specific and general information available and relevant to the applicant’s case;

(d) the applicant has applied for international protection at the earliest possible time, unless the applicant can demonstrate good reason for not having done so; and

(e) the general credibility of the applicant has been established.

(6) The assessment of the application for international protection shall be carried out on an individual basis taking into account:

(a) all relevant facts as they relate to the country of origin at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied;

(b) the relevant statements and documents presented by the applicant including information on whether the applicant has been or may be subject to persecution or serious harm;

(c) the individual position and personal circumstances of the applicant, including factors such as background, gender and age, so as to assess whether, on the basis of the applicant’s personal circumstances, the acts to which the applicant has been or could be exposed would amount to persecution or serious harm;

(d) whether the applicant’s activities since leaving the country of origin were engaged in for the sole or main purpose of creating the necessary conditions for applying for international protection, so as to assess whether those activities would expose the applicant to persecution or serious harm if returned to that country;

(e) whether the applicant could reasonably be expected to avail himself of the protection of another country where he could assert citizenship.

(7) For the purpose of this regulation, where the International Protection Agency deems it relevant for the assessment of an application, the International Protection Agency shall, subject to the applicant’s consent, arrange for a medical examination for the applicant concerning signs that might indicate past persecution or serious harm. Medical examinations carried out in accordance with this sub-regulation shall be paid for out of public funds.

(8) The medical examination referred to in sub-regulation (7) shall be carried out by qualified medical professionals and the result thereof shall be submitted to the International Protection Agency as soon as possible: Provided that the applicant’s refusal to undergo such a medical examination shall not prevent the International Protection Agency from taking a decision on the application.

(9) When no medical examination is carried out in accordance with sub-regulation (7), the determining authority shall inform applicants that they may, on their own initiative and at their own cost, arrange for a medical examination concerning signs that might indicate past persecution or serious harm.

(10) The International Protection Agency shall assess the results of the medical examination along with the other elements of the application.