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EDAL case summaries

Spain - High National Court, 13 January 2009, 1528/2007

Country of Decision: Spain
Country of Applicant: Algeria
Keywords: Membership of a particular social group, Gender Based Persecution, Non-state actors/agents of persecution, Previous persecution, Protection

The Ministry of Interior rejected the asylum claim of an Algerian woman who requested protection based on gender persecution by a non-state agent. The High National Court, on appeal, ruled that gender is considered as a “particular social group” and that it is not necessary that the persecution is carried out by state actors but also by non-state actors under certain circumstances. The applicant was granted Refugee status.
Date: 13-01-2009

Spain - Supreme Court, 2 January 2009, 4251/2005

Country of Decision: Spain
Country of Applicant: Colombia
Keywords: Burden of proof, Internal protection, Non-state actors/agents of persecution

The Supreme Court held, in light of a UNHCR Report concerning Colombian asylum seekers, that the burden of proof had been reversed; the High National Court had to establish that the Colombian authorities could effectively protect the applicant from the agents of persecution.
Date: 02-01-2009

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