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EDAL case summaries

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

Sweden – Migration Court, 16 May 2011, UM 27323-10

Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Religion, Child Specific Considerations, Family unity (right to), Individual assessment, Internal protection, Personal circumstances of applicant, Standard of proof

Greater caution is required when applying an internal protection alternative to families with children than to adults without children. The Kurdish controlled areas of northern Iraq cannot be considered as a relevant and reasonable flight option for a Christian family, as the Migration Board was not able to show that there currently is no requirement for sponsorship, either to enter or to legally establish oneself there.

An internal protection alternative must be relevant and reasonable. Relevant means that the location is accessible to the individual in a practical, safe and legal...
Date: 16-05-2011

Sweden - Migration Court, 20 May 2010, UM 4942-10

Country of Decision: Sweden
Country of Applicant: Armenia
Keywords: Persecution Grounds/Reasons, Political Opinion, Family unity (right to)

An Armenian opposition politician was considered a political refugee by the Migration Court of Appeal. Both the Migration Board and the Migration Court believed the applicant's political commitment and account of events. The Board considered, however, that the Armenian authorities' actions were not unreasonable and dismissed the application.

The Migration Court stated the fact that the applicant was not imprisoned for long periods did not imply that the arrests and ill-treatment that took place could be considered as acceptable measures by the authorities. Nor could the actions of...
Date: 20-05-2010

ECtHR - Cyprus v. Turkey , Application no. 25781/94, 10 May 2001

Country of Applicant: Cyprus
Keywords: Armed conflict, Discrimination, Effective remedy (right to), Family unity (right to), Final decision, Health (right to), Inhuman or degrading treatment or punishment, International armed conflict, Nationality, Persecution Grounds/Reasons, Race, Religion

Turkey’s continual and severe failure to carry out an effective investigation into the circumstances of disappearance of Greek-Cypriots, who were at the time under the control of its agents, constituted a violation of Articles 2,3 and 5 of the ECHR. The circumscription of freedom of movement, religion and association of Greek-Cypriots in Northern Greece constituted violations of Articles 9 and 10 and the continual violation of Article 1 Protocol 1 by virtue of preventing Greek Cypriot owners from having access to, control and use of their property was also found by the Court.
Date: 10-05-2001

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