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A HIV-infected person cannot be granted a residence permit in Sweden on medical grounds if health care and medicines are available in the home country, even if the person has financial difficulties and has to pay for treatment himself/herself. The economic consequences of doing so for Sweden must be taken into consideration in the decision. Further, that an assessment of whether an applicant risks being prevented from getting adequate care because of their political opinions should be made in the context of examining the need for protection and not as part of an assessment of whether...
The House of Lords test in Januzi (see separate summary) for assessing internal protection was approved. In assessing whether the proposed area of internal relocation was unreasonable or unduly harsh it was an error of law to require that the circumstances would result in a breach of Art 3 of the ECHR or that the circumstances will be worse than the circumstances experienced by anyone else in that country.
This case concerned subsequent applications for asylum. The CALL ruled that the principle of res judicata (matter already judged) is not applicable in a case where the subsequent application is not based on the same set of facts as the earlier application.
This case was the first application of Art 10 of the Qualification Directive in the UK to a case involving human trafficking. The Tribunal found that trafficking victims are capable of being members of a Particular Social Group and that both sub paragaphs of Art 10(d) must be satisfied.
There is not an internal armed conflict in Iraq. Also, the applicant has not shown that he is eligible for protection because of other severe conflict in the region.
The Minister for Justice issued a mother and her 5 children with deportation orders as failed asylum seekers pursuant to section 3(2)(f) of the (Irish) Immigration Act 1999. The only application for asylum was in the mother’s name. The children had not been issued with refugee status determinations at all and were not mentioned in the decision. The minor applicants challenged the deportation orders on the basis that their designation as failed asylum seekers was wrong in law. They had never made asylum applications. The High Court granted the applicants leave to seek judicial review but...
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....
Currently every Sunnite and Shiite from Central and South Iraq is to be considered as a refugee within the meaning of Section 60 (1) Residence Act and the 1951 Refugee Convention, if he/she originates from a region with mixed denominations.
Returnees who originate from regions of mixed denominations cannot obtain internal protection in any part of Iraq.
No violation of Articles 3 of the Convention and Article 4 of Protocol 4 should the Applicant be removed to Afghanistan. This assessment was made in light of the personal circumstances of the Applicant and the overall context in Afghanistan.
The provisions of Article 29(1)(b) of the Legislative Decree of 25 July 1998, No 286, which allow reunification with adult children to take place under stricter conditions than those relating to underage children or dependent parents, are consistent with the Constitution.
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