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EDAL case summaries

Spain - High National Court, 3 November 2010, 555/2009

Country of Decision: Spain
Country of Applicant: Bangladesh
Keywords: Persecution Grounds/Reasons, Race, Nationality, Inhuman or degrading treatment or punishment, Armed conflict, Discrimination, Humanitarian considerations, Stateless person

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.
Date: 03-11-2010

Spain - High National Court, 25 March 2009, 993/2007

Country of Decision: Spain
Country of Applicant: Russia, Russia (Chechnya)
Keywords: Torture, Inhuman or degrading treatment or punishment, Exclusion from protection, Humanitarian considerations, Non-refoulement, Terrorism

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
Date: 25-03-2009

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