EDAL case summaries
The applicant sought asylum in Spain claiming to have suffered persecution in Bangladesh on the grounds of membership of a group (the Beharies) determined by its ethnic identity. This persecution intensified when the war with Pakistan broke out. The Ministry of Interior refused the application which was appealed by the applicant to the High National Court. This court examined if persecution under the 1951 Refugee Convention could be established, beyond a case of discrimination.
The applicant lodged an appeal before the High National Court against the decision of the Ministry of Interior to refuse granting refugee status. The refusal was based on the application of an exclusion clause due to the applicant’s alleged membership of a terrorist group and for having committed serious crimes.
It was discussed whether this exclusion clause had been applied lawfully and also if, alternatively, the applicant could be authorised to stay in Spain for humanitarian reasons since, if he was expulsed, there was a risk of suffering inhuman or degrading treatment
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- (-) Remove Inhuman or degrading treatment or punishment filterInhuman or degrading treatment or punishment
- Humanitarian considerations 2
- Armed conflict 1
- Discrimination 1
- Exclusion from protection 1
- Nationality 1
- Non-refoulement 1
- Persecution Grounds/Reasons 1
- Race 1
- Stateless person 1
- Terrorism 1
- Torture 1