You are here
Home › Previous persecution ›EDAL case summaries
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.
An applicant may be granted refugee status under Article 1 of the 1951 Geneva Convention for fear of persecution based on sexual orientation. This depends on whether or not, according to the conditions prevailing in the country of origin, persons sharing a sexual orientation may be regarded as a social group within the meaning of the Convention.
The return of the applicants to Iraq violates Article 3 ECHR as there is a real risk of ill-treatment based on their personal circumstances as a targeted group and the Iraqi authorities’ diminished ability to protect them.
An applicant from Kosovo claimed persecution due to his homosexuality. His application was rejected. The Administrative Court dismissed the action, but the Supreme court annulled the judgement and returned the case to the new procedure. An act of persecution does not depend on the applicant reporting persecution (in this case rape) to the police of their country of origin.
If an appellant provides substantiated reasons that call into question the consideration of evidence in the administrative proceedings, the facts cannot be regarded as “well established on basis of the records in combination with the complaint”. Thus, an oral hearing has to be held. The same applies if there is a necessity to consider up-to-date country of origin information as well as an up-to-date medical report due to the long duration of the judicial proceedings.
In the opinion of the court, the absence of a legal representative in the oral hearing, in spite of an explicit...
The case follows on from litigation presented in M.A. v Cyprus and focuses in on the legal grounds for detention in Cyprus for an applicant who is subject to removal as well as an individual’s right to speedy judicial review of the lawfulness of detention.
The proposed deportation of the applicants to Iraq would not violate Article 3 ECHR, either based on the general situation of violence in Iraq, or on the basis of past serious violence and threats that occurred in 2008.
The case relates to a Sudanese national of Tunjur origin who claimed a risk of being subjected to ill-treatment if expelled to Sudan on the grounds of his ethnic origin and supposed ties with the JEM, the rebels’ movement against the regime in Sudan.
The case examines the allegations of a Sudanese national- member of a non-Arab tribe in Sudan- that his deportation to that country would expose him to treatment contrary to Article 3 of the Convention because of his race and supposed links with the rebel movements in the country.
The seven year time lapse since the Sunni Muslim Applicant’s former service in the Iraqi army, no evidence of future risk arising from previous injuries, and no medical reasons preventing return, led the majority to find that return to Iraq would not violate the applicants rights under Articles 2 or 3.
Pages
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Previous persecution filterPrevious persecution
- Persecution Grounds/Reasons 19
- Credibility assessment 17
- Standard of proof 17
- Internal protection 16
- Membership of a particular social group 14
- Non-state actors/agents of persecution 14
- Persecution (acts of) 14
- Country of origin information 13
- Inhuman or degrading treatment or punishment 13
- Assessment of facts and circumstances 12
- Actor of persecution or serious harm 10
- Refugee Status 10
- Burden of proof 9
- Gender Based Persecution 9
- Well-founded fear 9
- Personal circumstances of applicant 8
- Subsidiary Protection 8
- Torture 8
- Individual assessment 7
- Individual threat 7
- Protection 7
- Discrimination 6
- Effective remedy (right to) 6
- Political Opinion 6
- Real risk 6
- Religion 6
- Serious harm 6
- Actors of protection 5
- Country of origin 5
- Circumstances ceased to exist 4
- Race 4
- Sexual orientation 4
- Accelerated procedure 3
- Detention 3
- Medical Reports/Medico-legal Reports 3
- Relevant Documentation 3
- Acts contrary to the purposes and principles of the UN 2
- Exclusion from protection 2
- Indiscriminate violence 2
- Non-refoulement 2
- Procedural guarantees 2
- Refugee sur place 2
- Relevant Facts 2
- Revocation of protection status 2
- Safe third country 2
- Access to the labour market 1
- Accommodation centre 1
- Armed conflict 1
- Child Specific Considerations 1
- Crime against humanity 1
- Duty of applicant 1
- Female genital mutilation 1
- Final decision 1
- Genocide 1
- Humanitarian considerations 1
- Inadmissible application 1
- Internal armed conflict 1
- International armed conflict 1
- Legal assistance / Legal representation / Legal aid 1
- Manifestly unfounded application 1
- More favourable provisions 1
- Nationality 1
- Personal interview 1
- Right to remain pending a decision (Suspensive effect) 1
- Safe country of origin 1
- Serious non-political crime 1
- Vulnerable person 1
- War crimes 1
Filter by country of applicant
- Russia 7
- Iraq 5
- Afghanistan 4
- Pakistan 4
- Russia (Chechnya) 4
- Sri Lanka 4
- Iran 3
- Sudan 3
- Algeria 2
- Congo (DRC) 2
- Guinea 2
- Kosovo 2
- Togo 2
- Turkey 2
- China 1
- China (Tibet) 1
- Haiti 1
- Ivory Coast 1
- Kazakhstan 1
- Mongolia 1
- Nigeria 1
- Rwanda 1
- Somalia 1
- South Africa 1
- Syria 1