EDAL case summaries
Country of Decision: France
Country of Applicant: France
Keywords: Actors of protection, Humanitarian considerations
The Constitutional Council decided on the criminal exemptions in favour of persons involved in the crime of assisting aliens to irregularly stay in a country. The first sentence of article L. 622-4 of the code of entry and stay of foreigners and the right to asylum (CESEDA) is unconstitutional as it must include not only the assistance to irregular stay in a country but also the assistance to the movement of aliens being in an irregular situation. The Council also specifies, in relation to the third paragraph of the above-mentioned article, that it is to be applied to any act assisting...
Date: 06-07-2018
Country of Decision: France
Country of Applicant: Saudi Arabia
Keywords: Actor of persecution or serious harm, Actors of protection, Country of former habitual residence, Political Opinion, Stateless person
The fears of an Applicant originating from a refugee camp near Tindouf were considered with regard to the Self-Proclaimed Sahrawi Arab Democratic Republic (SADR), taken as a de facto authority.
Date: 13-02-2012
Country of Decision: France
Country of Applicant: Kosovo
Keywords: Actors of protection, Cessation of protection, Circumstances ceased to exist, Nationality
In order to assess the change of circumstances where refugee status ceased to exist, the competent authorities must “verify, having regard to the refugee’s individual situation, that the actor or actors of protection[…], which may include international organisations controlling the State or a substantial part of the territory of the State, including through the presence of a multinational force in that territory, have taken reasonable steps to prevent persecution, that they therefore operate, in particular, an effective legal system for the detention...
Date: 25-11-2011
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Membership of a particular social group, Actors of protection, Internal protection
Women who are subjected to the norms and customary laws of FGM and forced marriage in rural areas in Nigeria cannot avail themselves of the protection of the State authorities, and their attitude is perceived as an infringement by the community members. They therefore form a social group within the meaning of Article 1 A (2) of the 1951 Refugee Convention. Furthermore, the impossibility of marrying another person constitutes an obstacle to leading a normal life in another part of the country and an alternative protection alternative cannot be considered.
Date: 23-04-2011
Country of Decision: France
Country of Applicant: Kosovo
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actors of protection
While Kosovan legislation prohibits any discrimination based on sexual orientation since 2004, persons who publicly acknowledge their homosexuality and demonstrate it in their external behavior regularly face de facto harassment and discrimination, without being able to avail themselves of the protection of the authorities. They constitute a particular social group.
Date: 06-04-2009
Country of Decision: France
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Actors of protection
Refugee Appeals Board/ Commission des recours des réfugiés (CRR) (CRR) held that the Somali government (Federal Transitional Government), was at the time of the decision, unable to effectively exercise organised power within Somali territory and under these circumstances to provide protection to the members of the Reer Hamar clan; no other authority is able to provide protection to the members of this community.
Date: 29-07-2005
Country of Decision: France
Country of Applicant: Algeria
Keywords: Actors of protection, Internal protection, Non-state actors/agents of persecution
Having regard to the security situation which prevailed in the area of Chlef, the CRR did not consider that the Algerian authorities were, at the time, able to provide protection against the persecution inflicted by Islamic armed groups. Furthermore, given the impossibility of finding employment and the constant fear of being forcibly returned to this area, it was not reasonable to consider that Algiers constituted an internal protection alternative.
Date: 25-06-2004
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