EDAL case summaries
Country of Decision: Sweden
Country of Applicant: Angola
Keywords: Torture, Assessment of facts and circumstances, Credibility assessment, Medical Reports/Medico-legal Reports
The judgment of the European Court of Human Rights (ECtHR) in R.C. v. Sweden (Application no. 41827/07) has a definitive impact on how protection needs are assessed and the scope of the duty of Swedish courts and authorities to investigate claims of torture.
Date: 20-01-2012
Legal Provisions Cited: 1951 Refugee Convention, Art 1A(2), ECHR, Art 15.2, Art 15, Art 3, Art 46, ICCPR, Art 7, Legislation - Sweden, Administrative Procedure Act (1971:291) Chapter 8, Aliens Act (2005:716) Chapter 4 Section 1, Aliens Act (2005:716) Chapter 4 Section 2, Aliens Act (2005:716) Chapter 5 Section 1, Qualification Directive, UNCAT, Art 3
Country of Decision: Sweden
Country of Applicant: Ethiopia
Keywords: Persecution Grounds/Reasons, Political Opinion
An Ethiopian man was considered eligible for protection as a refugee due to his involvement in the government-hostile OLF guerilla group, which has been declared a terrorist organisation.
Date: 25-11-2011
Country of Decision: Sweden
Country of Applicant: Eritrea, Saudi Arabia
Keywords: Safe third country
Saudi Arabia is not considered a safe third country for non-Saudi nationals.
Date: 10-11-2011
Legal Provisions Cited: Asylum Procedures Directive, Art 27, Legislation - Sweden, Aliens Act (2005:716) Chapter 4 Section 2
Country of Decision: Sweden
Country of Applicant: Unknown
Keywords: Procedural guarantees, Subsequent application
Conversion to Christianity led to a re-examination of impediments to enforcement.
Date: 24-10-2011
Legal Provisions Cited: Asylum Procedures Directive, Art 32, Art 34, Legislation - Sweden, Aliens Act (2005:716) Chapter 12 Section 19
Country of Decision: Sweden
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Political Opinion, Subsidiary Protection, Refugee sur place
The applicant, from Iran, had not been politically active in Iran but participated in demonstrations in Sweden and appeared with his photo on dissident websites and TV. The applicant was considered to have been engaged in low-level political activity. Thus, he was deemed not to be of interest to the Iranian authorities and was therefore not considered to be a refugee or in need of subsidiary protection on “sur place” grounds.
Date: 16-09-2011
Legal Provisions Cited: 1951 Refugee Convention, Art 1A, ECHR, Art 3, Legislation - Sweden, Aliens Act (2005:716) Chapter 4 Section 1, Aliens Act (2005:716) Chapter 4 Section 2, Aliens Act (2005:716) Chapter 5 Section 1, UNHCR Handbook, Para 83, Para 94, Para 95, Para 96
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Exclusion from protection, Crime against humanity, Non-refoulement
A former officer in Saddam Hussein’s Security Services was excluded from protection due to possible crimes against humanity. He was however granted a temporary residence permit as the decision could not be executed without violating the principle of non-refoulement.
Date: 09-09-2011
Legal Provisions Cited: 1951 Refugee Convention, Art 1F, ICC Statute, Art 7, Legislation - Sweden, Aliens Act (2005:716) Chapter 12 Section 1, Aliens Act (2005:716) Chapter 4 Section 1, Aliens Act (2005:716) Chapter 4 Section 2 (b), Aliens Act (2005:716) Chapter 4 Section 2 (c), Aliens Act (2005:716) Chapter 5 Section 1, Aliens Act (2005:716) Chapter 5 Section 11, Aliens Act (2005:716) Chapter 5 Section 6, Aliens Act (2005:716) Chapter 8 Section 17, Qualification Directive, Art 12, Art 15, Art 17, Art 2, Art 21, Art 3, Art 9, UNHCR Handbook, Para 147, Para 148, Para 149, Para 150, Para 151, Para 152, Para 153, Para 154, Para 155, Para 156, Para 157, Para 158, Para 159, Para 160, Para 161, Para 162, Para 163
Country of Decision: Sweden
Country of Applicant: Kenya, Somalia
Keywords: Subsidiary Protection, Serious harm, Indiscriminate violence, Internal armed conflict
If an applicant has serious criticism of a language test conducted to determine their country of origin, the Migration Board must investigate the grounds before making a decision, or at least respond to the applicant's criticism so that the submission can be completed.If the Migration Court considers a language test report to be unreliable or inadequate, it can decide to request a new language analysis or return the case to the Migration Board for further investigation, but cannot choose to ignore the analysis entirely.
Date: 07-09-2011
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Obligation/Duty to cooperate, Subsequent application
A subsequent application for asylum, when there is a legally enforceable expulsion order, must be examined even if a stay on expulsion has been requested by the European Court of Human Rights according to Rule 39.
Date: 20-06-2011
Legal Provisions Cited: Case Law - Sweden, Aliens Act (2005:716) Chapter 12 Section 16, Legislation - Sweden, Aliens Act (2005:716) Chapter 12 Section 18, Aliens Act (2005:716) Chapter 12 Section 19, Aliens Act (2005:716) Chapter 12, Section 12
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Refugee Status, Persecution Grounds/Reasons, Political Opinion, Exclusion from protection
This case concerned the exclusion from refugee status of a former Baath party member. The fact that the applicant had previously held a position in the Iraqi military, was one of the Defence Minister's advisers and one of Saddam Hussein's closest men, was, on the evidence before the Court, considered insufficient to meet the requirements for exclusion from refugee status.
Date: 14-06-2011
Legal Provisions Cited: 1951 Refugee Convention, Art 1F, Legislation - Sweden, Aliens Act (2005:716) Chapter 12 Section 1, Aliens Act (2005:716) Chapter 4 Section 2(b)(1), Aliens Act (2005:716) Chapter 5 Section 11, Aliens Act (2005:716) Chapter 8 Section 17
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Cessation of protection, Revocation of protection status, Withdrawal of protection application
Refugee status was revoked when an individual applied for and received a new passport issued by his/her country of origin.
Date: 13-06-2011
Legal Provisions Cited: Legislation - Sweden, Aliens Act (2005:716) Chapter 4 Section 3, Aliens Act (2005:716) Chapter 4 Section 5, Aliens Act (2005:716) Chapter 4 Section 5 (b), Qualification Directive, Art 11, Art 14, UNHCR Handbook, Para 118, Para 121, Para 124
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