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Submit the elements to substantiate the application

Background information

The applicant has the duty to substantiate their application for international protection and submit all relevant elements (Article 4(2) QD (recast)). Depending on your national set-up, the applicant may have the obligation to submit such elements as soon as possible, or within the time limit set in your national law if such a time limit exists (Article 4(1) QD (recast)). If according to national legislation the applicant is required to submit evidence as soon as possible, this information should be provided to the applicant early in the process. Depending on the circumstances, ‘as soon as possible’ means both as soon as the elements are available and as soon as the applicant has knowledge of such elements.

These elements consist of the applicant’s statements and all the documentation at the applicant’s disposal regarding themself, including:

  • age,
  • background, including that of relevant relatives,
  • identity,
  • nationality(ies),
  • country(ies) and place(s) of previous residence,
  • previous applications for international protection,
  • travel routes,
  • travel documents, and
  • the reasons for applying for international protection.

Example of types of documents include:

  • personal/identity documents:
    • passport,
    • ID card,
    • school ID card,
    • birth certificate,
    • driving licence,
    • family book,
    • wedding certificate,
    • military ID card,
    • evidence of employment,
    • certificates, etc.,
    • card indicating membership to a political party;
  • documents supporting the application for international protection:
    • photographs,
    • court judgements/orders,
    • arrest warrants,
    • reports from police investigations and other documents from the police,
    • threatening/warning letters,
    • newspaper articles (including reference to specific names),
    • baptism certificate,
    • social media posts, etc.;
  • medical/psychological reports and attestations:
    • medical report/letter from a doctor,
    • psychological report,
    • attestation of violent acts or torture, etc.;
  • documents including digital material:
    • websites,
    • blogs or other social media,
    • videos, etc.

Depending on your national laws and policies, the applicant may also be obliged to submit all documents in their possession that are relevant to the examination of their application, such as their passports (Article 13(2), point (b) APD (recast)).

The applicant has the right to submit any new element (new elements can be inter alia documents, statements or any type of additional information) to substantiate their claim, even after the interview, provided a decision has not been made. The case officer must explain how these new elements can be presented in order to be taken into account in the assessment of the claim.

Explain these messages during the first contact (making) and registration/lodging: 

  • The applicant’s duty to cooperate includes an obligation to submit elements to substantiate their application for international protection (as soon as possible).
  • The elements consist of:
    • the applicant’s statements, including the reasons for applying for international protection.
    • all the documentation at their disposal, including personal/identity documents, documents related to their application and medical/psychological reports and attestations.
    • other evidence such as social media content, videos or other digital material.

Explain these additional messages to the applicant during the registration/lodging:

  • The means, place (addresses), recipient and time that the applicant can submit evidence, according to your national laws and policies.
  • Cover the following points regarding documentation.
    • The applicant must not submit documents that are false or have been forged as this may negatively affect their application.
    • Destroying ID documents may negatively affect their application.
    • The applicant should provide their original documents, if available.
    • Relevant documents should be submitted as soon as possible to the relevant authorities.
    • If applicable, inform the applicant of time frames to submit documents to complete the registration.
    • There is no need to present documents that only contain general information about their country of origin.
    • Their obligation to obtain any missing documents to the extent feasible. You should, however, make it very clear that that it is not expected from the applicant to expose themselves or any other person to risk by attempting to obtain documents, including by contacting the authorities of the country of origin if this would entail a risk.
    • How original documents will be dealt with (e.g. whether the authority will keep them, whether they will be copied and how and when they will be returned).
    • It is not a problem if the original documents are in a foreign language.

Explain these additional messages to the applicant during the personal interview:

  • At the beginning of the personal interview: 
    • explain why providing all relevant and correct information is beneficial in order to reach a sound decision; 
    • address the obligation to tell the truth, stressing the fact that this is explained to everybody;
    • signal that it is only if the applicant knowingly provides false information that it may have negative consequences;
    • instruct the applicant that where they do not know the answer to a question, they should say that they do not know and not try to provide an answer by guessing.
       
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Practical tips regarding the submission of elements to substantiate the application

  • Advise the applicant to make a copy of original documents

If the applicant is submitting original documents, they should make a copy for themselves to keep.

  • Use communication techniques to cover this complex topic

As information regarding the obligations is rather complex, after providing the information, you can summarise the information and highlight the main points again. It is also practical to divide the information, allowing for short discussions/questions before you continue.