EDAL case summaries
In the opinion of the Supreme Court of the Slovak Republic, the decision of the defendant was arbitrary only with regard to the statement that “in view of the fact that there is no legal entitlement to asylum in the territory of the Slovak Republic on humanitarian grounds and in the course of the procedure no facts were found which would have led the Migration Office to such a conclusion, it will not grant asylum on humanitarian grounds under Section 9 of the Asylum Act“, which could not be reviewed due to lack of grounds.
The Supreme Court of the Slovak Republic held that only such threats to life or liberty as are tolerated, encouraged or accompanied by official authority can be regarded as persecution within the meaning of Section 8 of the Asylum Act, while problems with private individuals cannot be a ground for granting asylum, as long as the political system in the country of origin affords citizens the possibility of defending their rights before state authorities.
A group can be considered to be a particular social group when the members of the group share innate characteristics or a common...
Within the meaning of Section 8 of the Asylum Act, a particular social group is a group of people who share a common characteristic which is objectively given or is perceived as such by society. The characteristic in question usually has an innate, unchangeable form or is otherwise fundamental to human identity, conscience or the exercise of the human rights of the persons affected.
It therefore usually comprises a group of people of similar social origin or status, social habits and customs, or of a similar sexual orientation, who are in a minority due to their otherness....
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