EDAL case summaries
Country of Decision: Denmark
Country of Applicant: China
Keywords: Country of origin information, Persecution Grounds/Reasons, Political Opinion, Refugee Status, Relevant Documentation, Torture
The applicant, a Chinese citizen, feared, if she returned to China, she would be persecuted and exposed to torture by the Chinese Communist Government due to her Falun Gong activities.
The Refugee Appeals Board did not find that she was a particular profiled member of Falun Gong or that she was wanted by the Chinese Authorities as she left China legally notwithstanding that she had been detained several times for shorter periods and imprisoned for seven years during which she was exposed to torture. However, the Board found that the Chinese Authorities were aware of the applicant ‘s...
Date: 18-06-2018
Country of Decision: Germany
Country of Applicant: China, China (Tibet)
Keywords: Persecution Grounds/Reasons, Race, Political Opinion, Inhuman or degrading treatment or punishment, Gender Based Persecution, Internal protection, Previous persecution, Refugee sur place, Standard of proof
Tibetans in China are not at risk of “group persecution” based on their ethnicity. However, individual acts of persecution (the rape of a Tibetan woman by security forces in the present case) do constitute past persecution since they have to be regarded as being connected to the persecution ground “race”.
Date: 03-11-2011
Country of Decision: Germany
Country of Applicant: China
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Non-state actors/agents of persecution, Refugee sur place, Subsequent application
A mother of two children was recognised as a refugee as there was sufficient probability of her being forced to undergo sterilisation in China due to violation of the one child policy. Forced sterilisation constitutes a violation of the basic human right to physical integrity and human dignity to such an extent that it is without doubt relevant under Section 60 (1) of the Residence Act. / Art 1 A 2 of the 1951 Refugee Convention.
Date: 23-03-2011
Country of Decision: Sweden
Country of Applicant: China
Keywords: Persecution Grounds/Reasons, Political Opinion, Refugee sur place
This case concerned a Chinese applicant of Uyghur ethnicity who was granted residence and refugee status because of his sur place political activities in Sweden.
Date: 01-03-2011
Country of Decision: Germany
Country of Applicant: China
Keywords: Persecution Grounds/Reasons, Religion, Assessment of facts and circumstances, Persecution (acts of), Refugee sur place
This case concerned the assessment of religious persecution. The court found that:
- Even under the Qualification Directive not every restriction of religious freedom results in persecution within the meaning of asylum law. Whether a measure is tied to religion as a reason for persecution is found within Art 10 of the Qualification Directive; but what right is protected, and to what extent, proceeds from Art 9 of the Qualification Directive.
- Interference in a core area of religious freedom represents a severe violation of a basic human right within the meaning of Art 9.1...
Date: 05-03-2009
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- Refugee sur place 4
- Political Opinion 3
- Gender Based Persecution 2
- Assessment of facts and circumstances 1
- Country of origin information 1
- Inhuman or degrading treatment or punishment 1
- Internal protection 1
- Membership of a particular social group 1
- Non-state actors/agents of persecution 1
- Persecution (acts of) 1
- Previous persecution 1
- Race 1
- Refugee Status 1
- Relevant Documentation 1
- Religion 1
- Standard of proof 1
- Subsequent application 1
- Torture 1
