EDAL case summaries
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Actor of persecution or serious harm, Actors of protection, Country of origin, Country of origin information, Internal protection, Non-state actors/agents of persecution, Persecution Grounds/Reasons, Personal circumstances of applicant, Previous persecution, Refugee Status
1. Afghans who have worked for international aid organisations are particularly endangered of becoming victims of political persecution by non-state actors (e.g. Taliban) according to § 3 (1) AsylG in case of a return to Afghanistan.
2. There is no internal protection for these people. They cannot escape the clutches of non-state actors as these groups have a wide (information) network at their disposal and an increased interest in persons who have worked for international aid organisations.
Date: 26-06-2017
Country of Decision: United Kingdom
Country of Applicant: India, Pakistan
Keywords: Actors of protection, Internal protection, Persecution (acts of), Persecution Grounds/Reasons, Protection, Refugee Status
The operation of an effective legal system for the detection, prosecution and punishment of acts constituting persecution or serious harm and access to such system by the claimant may not, in a given case, amount to protection. Article 7(2) of the Qualfication Directive is non-prescriptive in nature. The duty imposed on states to take “reasonable steps” imports the concepts of margin of appreciation and proportionality.
Date: 29-05-2015
Country of Decision: Czech Republic
Country of Applicant: Mongolia
Keywords: Actors of protection, Manifestly unfounded application, Persecution Grounds/Reasons, Safe country of origin
The application cannot be rejected as manifestly unfounded on the grounds that the Applicant comes from a safe country of origin, if she demonstrably claims and proves, with documented evidence, facts that are relevant to international protection. Domestic violence is such a relevant fact if the Applicant is not provided with efficient protection against such actions.
Date: 24-07-2013
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Actor of persecution or serious harm, Actors of protection, Gender Based Persecution, Internal protection, Persecution (acts of), Persecution Grounds/Reasons, Previous persecution, Standard of proof
The risk of arranged marriage is widespread in Afghanistan, particularly for underage girls, which means that it may constitute grounds for refugee status for women.
In the examination of Article 8 of Directive 2004/83/EC, it is important to take into account the fact that family members may only return together with their children and spouses on the grounds of the protection of marriage and family.
Date: 18-07-2013
Country of Decision: Germany
Country of Applicant: Iran
Keywords: Credibility assessment, Previous persecution, Actors of protection, Persecution (acts of), Persecution Grounds/Reasons
1. If an Iranian national is declined the opportunity to obtain a school-leaving certificate and attend a state school because of the refusal by Iranian authorities to issue him with identity papers, this constitutes a significant discriminatory administrative measure according to Article 9 paragraph 2 of the Qualification Directive.
2. The right to suitable education corresponding to a child’s abilities is recognised as a human right according to international law.
Date: 30-12-2011
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Actor of persecution or serious harm, Actors of protection, Country of origin information, Credibility assessment, Discrimination, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Relevant Documentation, Religion, Unaccompanied minor, Well-founded fear
Appeal against the General Secretary of the Ministry of Public Order's negative decision no 95/52986 of 28.4.2006 on a claim for asylum before the Appeal Committees formed pursuant to Articles 26 & 32 of Presidential Decree 114/2010 and the Minister of Citizen Protection's decision 5401/3-505533 of 7.11.2011 (385/8-11-2011 FEK YODD) pursuant to which the present Committee was formed.
This case involved a fear of persecution because of religious beliefs (atheism) as well as because of membership of a particular social group (personality shaped in a non-Islamic society /...
Date: 15-11-2011
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Actor of persecution or serious harm, Actors of protection, Assessment of facts and circumstances, Non-state actors/agents of persecution, Previous persecution
Refugee status was granted to the applicants (parents) because of their advocacy in Afghanistan for democracy, separation of state and religion, equality between men and women, and their membership of and support for the party “Comprehensive movement for democracy and progress in Afghanistan”. Refugee status was granted to their children because of their membership of a particular social group of “family”.
Threats by political opponents are to be considered as imminent persecution by non-State actors according to Art. 60 (1) sentence 4 (c) of the Residence Act in conjunction with...
Date: 07-07-2011
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actor of persecution or serious harm, Actors of protection, Assessment of facts and circumstances, Credibility assessment, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution
The applicant was recognised as a refugee because of a threat of forced marriage in Afghanistan. The court found that rights violations resulting from forced marriage, including the use of physical and psychological violence, constitute severe violations of basic human rights according to Art. 9 (1) (b) of the Qualification Directive. The applicant belonged to the particular social group of "unmarried women from families whose traditional self-image demands a forced marriage." The Afghan State is neither willing nor able to protect women against persecution in case of forced marriage....
Date: 16-06-2011
Country of Decision: Belgium
Country of Applicant: Niger
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actors of protection, Credibility assessment, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution, Persecution (acts of)
This case concerned the assessment of the risk of being subjected to slavery on return. The CALL held that slavery is sufficiently grave by its nature to constitute persecution. The Court further added that the prohibition of slavery is an absolute and non-derogable right and that slaves can be considered as a particular social group.
Date: 09-06-2011
Country of Decision: Belgium
Country of Applicant: Guinea
Keywords: Persecution Grounds/Reasons, Political Opinion, Actor of persecution or serious harm, Actors of protection, Assessment of facts and circumstances, Internal protection, Non-state actors/agents of persecution
The Council for Alien Law Litigation (CALL) held that Art 48/5, §3 of the Belgian Aliens Law, which refers to the principles of internal protection alternative and protection within a country of origin, is in principle applicable in cases where the threat comes from a non-state agent. In a case where the threat of persecution comes from a state agent, the decision-maker should explain why it believes that this provision is applicable nonetheless.
Date: 09-06-2011
Pages
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Actors of protection filterActors of protection
- (-) Remove Persecution Grounds/Reasons filterPersecution Grounds/Reasons
- Actor of persecution or serious harm 11
- Internal protection 9
- Membership of a particular social group 8
- Persecution (acts of) 8
- Non-state actors/agents of persecution 7
- Gender Based Persecution 5
- Credibility assessment 4
- Previous persecution 4
- Assessment of facts and circumstances 3
- Political Opinion 3
- Refugee Status 3
- Religion 3
- Country of origin information 2
- Protection 2
- Country of origin 1
- Discrimination 1
- Manifestly unfounded application 1
- Personal circumstances of applicant 1
- Real risk 1
- Relevant Documentation 1
- Safe country of origin 1
- Standard of proof 1
- Subsidiary Protection 1
- Unaccompanied minor 1
- Well-founded fear 1
Filter by country of applicant
- Afghanistan 5
- Iran 3
- Angola 1
- Guinea 1
- India 1
- Kazakhstan 1
- Kosovo 1
- Kyrgyzstan 1
- Mongolia 1
- Montenegro 1
- Niger 1
- Pakistan 1
Filter by country of decision
- Germany 5
- Czech Republic 4
- Belgium 2
- Finland 1
- France 1
- Greece 1
- Sweden 1
- United Kingdom 1
