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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: France
Country of Applicant: Mongolia
Keywords: Assessment of facts and circumstances, Country of origin information, Discrimination, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Previous persecution, Real risk, Refugee Status, Sexual orientation, Well-founded fear
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.
Date: 31-05-2017
Country of Applicant: Iraq
Keywords: Burden of proof, Country of origin information, Credibility assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal protection, Previous persecution, Standard of proof
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.
Date: 23-08-2016
Country of Decision: Slovenia
Country of Applicant: Kosovo
Keywords: Membership of a particular social group, Non-state actors/agents of persecution, Previous persecution, Protection, Sexual orientation
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.
Date: 09-03-2016
Country of Decision: Austria
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Assessment of facts and circumstances, Country of origin information, Credibility assessment, Individual assessment, Internal protection, Legal assistance / Legal representation / Legal aid, Medical Reports/Medico-legal Reports, Membership of a particular social group, Non-state actors/agents of persecution, Previous persecution, Real risk, Refugee Status, Subsidiary Protection, Well-founded fear
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...
Date: 24-08-2015
Country of Applicant: Syria
Keywords: Country of origin, Country of origin information, Detention, Discrimination, Effective remedy (right to), Inhuman or degrading treatment or punishment, Persecution (acts of), Previous persecution, Right to remain pending a decision (Suspensive effect)
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.
Date: 21-07-2015
Country of Applicant: Iraq
Keywords: Burden of proof, Country of origin information, Credibility assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal protection, Previous persecution, Standard of proof
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.
Date: 04-06-2015
Country of Applicant: Sudan
Keywords: Assessment of facts and circumstances, Burden of proof, Country of origin, Detention, Individual assessment, Inhuman or degrading treatment or punishment, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Previous persecution, Race, Real risk, Refugee Status, Well-founded fear
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.
Date: 15-04-2015
Country of Applicant: Sudan
Keywords: Accelerated procedure, Access to the labour market, Assessment of facts and circumstances, Burden of proof, Country of origin, Detention, Effective remedy (right to), Individual assessment, Inhuman or degrading treatment or punishment, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Previous persecution, Race, Real risk, Refugee Status, Well-founded fear
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.
Date: 15-04-2015
Country of Applicant: Iraq
Keywords: Credibility assessment, Individual threat, Inhuman or degrading treatment or punishment, Membership of a particular social group, Previous persecution, Relevant Facts, Well-founded fear
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.
Date: 19-12-2013
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