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EDAL case summaries

ECtHR - F.G. v. Sweden (no. 43611/11) (Grand Chamber), 23 March 2016

Country of Applicant: Iran
Keywords: Assessment of facts and circumstances, Burden of proof, Country of origin information, Final decision, Individual assessment, Inhuman or degrading treatment or punishment, Membership of a particular social group, Non-refoulement, Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Protection, Refugee Status, Refugee sur place, Religion, Return

An Article 3 compliant assessment requires a full and ex nunc evaluation of a claim.  Where the State is made aware of facts that could expose an applicant to an individual risk of ill-treatment, regardless of whether the applicant chooses to rely on such facts, it is obliged to assess this risk ex proprio motu. 
Date: 23-03-2016

ECtHR - R.H. v. Sweden, No. 4601/14, 10 September 2015

Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Armed conflict, Country of origin information, Credibility assessment, Gender Based Persecution, Inhuman or degrading treatment or punishment, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Vulnerable person

In this case, the European Court of Human Rights (ECtHR) revisited the conditions of Mogadishu, Somalia as it relates to an alleged violation of Article 3 of the European Convention of Human Rights (ECHR).

In the specific case, the ECtHR held that:

1) While the general conditions of Mogadisuh remain serious and fragile, objective reports support the finding that such conditions are not sufficient to find a violation of Article 3 of the ECHR; and

2) While the ECtHR acknowledged that the applicant in the present case faces a different threat as a woman and that several...
Date: 10-09-2015

Greece - Special Appeal Committee, 26 June 2011, Application No. 95/126761

Country of Decision: Greece
Country of Applicant: Iran
Keywords: Death penalty / Execution, Dependant (Dependent person), Discrimination, Family unity (right to), Gender Based Persecution, Inhuman or degrading treatment or punishment, Membership of a particular social group, Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Torture, Well-founded fear

This was an appeal against the rejection of an application for asylum before the Appeal Committees formed pursuant to Articles 26 and 32 of Presidential Decree 114/2010; and against the Minister for Citizen Protection's decisions 5401/3-498356 dated 11.2.2011 and 4000/1/67-f dated 18.5.2011. The rejection of the application (and the legal consequences arising from the rejection) was an excusable error, due to the body issuing the decision having adopted misguided practices. The fear of persecution was based on  membership of a particular social group. The domestic violence endured by the...
Date: 26-06-2011

ECtHR - Said v. the Netherlands, Application no. 2345/02, 5 July 2005

Country of Applicant: Eritrea
Keywords: Accelerated procedure, Assessment of facts and circumstances, Country of origin, Credibility assessment, Inhuman or degrading treatment or punishment, Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Safe country of origin, Well-founded fear

The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.
Date: 05-07-2005

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