EDAL case summaries
Country of Decision: Czech Republic
Country of Applicant: Kyrgyzstan
Keywords: Persecution Grounds/Reasons, Religion, Actor of persecution or serious harm, Actors of protection, Gender Based Persecution, Non-state actors/agents of persecution, Persecution (acts of)
According to the Qualification Directive, forced marriage, along with domestic violence and issues of faith, can be considered as persecution on a cumulative basis having regard to the situation in the country of origin.
Date: 25-01-2011
Country of Decision: Czech Republic
Country of Applicant: Sri Lanka
Keywords: Torture, Inhuman or degrading treatment or punishment, Accelerated procedure, Assessment of facts and circumstances, Manifestly unfounded application, Persecution (acts of), Well-founded fear
If an applicant raises circumstances that could present a potential breach of Art 3 ECHR it is impossible to reject the application as manifestly unfounded. The case must be considered on its merits and the deciding authority needs to have accurate COI.
Date: 29-12-2009
Country of Decision: Czech Republic
Country of Applicant: Kazakhstan
Keywords: Actor of persecution or serious harm, Actors of protection, Persecution (acts of), Persecution Grounds/Reasons, Religion
It is necessary to distinguish between the legal requirement to register a religious group under the law of the country of origin and enforcing such a registration with reasonable instruments permitted by the law, and the repressive actions of security units or other bodies of public authority towards members of a religious group that represent obvious excesses beyond the sphere of provisions permitted by law and which, at the same time, may, depending on particular circumstances, individually or on a cumulative basis, reach the intensity of persecution.
Date: 22-05-2009
Country of Decision: Czech Republic
Country of Applicant: Angola
Keywords: Persecution Grounds/Reasons, Political Opinion, Actor of persecution or serious harm, Actors of protection, Persecution (acts of)
The right to obtain information about the whereabouts of a disappeared family member, as well as publicising the information concerning the disappearance, belong, according to the Czech Charter of Fundamental Rights and Freedom, to political rights. Therefore, the applicant must be granted asylum if he had been persecuted for exercising this right.
Date: 14-08-2008
Country of Decision: Czech Republic
Country of Applicant: Belarus
Keywords: Subsidiary Protection, Real risk, Serious harm, Persecution (acts of), Standard of proof
The case concerns the extent to which decision-makers should take into account a change of circumstances or situation in the country of origin.
Date: 21-05-2008
Country of Decision: Czech Republic
Country of Applicant: Nigeria
Keywords: Standard of proof, Real risk, Well-founded fear, Persecution (acts of), Serious harm, Non-refoulement
The Supreme Administrative Court defined the standard of proof of a “reasonable likelihood” of persecution and a “real risk” of serious harm. Where these criteria are met, the court must give precedence to international commitments and not apply the mandatory national rules of procedure (e.g. for an action that is out of time).
Date: 26-03-2008
Country of Decision: Czech Republic
Country of Applicant: Armenia
Keywords: Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Sexual orientation
The sexual orientation of the Applicant for asylum may, depending on circumstances and with regard to the situation in the country of origin, be considered a sign of his membership of a particular social group. The threat of injury to the Applicant for asylum as a result of actions causing psychological pressure may not be as serious as injuries that result in threats to life or freedom, but must be at least of a comparable type.
Date: 05-10-2006
Country of Decision: Czech Republic
Country of Applicant: Moldova
Keywords: Membership of a particular social group, Manifestly unfounded application, Persecution (acts of), Well-founded fear
Belonging to a group of people without power or influence does not constitute a particular social group and therefore cannot be deemed a convention ground for persecution under the Refugee Convention.
Date: 14-01-2004
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