EDAL case summaries
Country of Decision: Sweden
Country of Applicant: Ethiopia
Keywords: Persecution Grounds/Reasons, Political Opinion
An Ethiopian man was considered eligible for protection as a refugee due to his involvement in the government-hostile OLF guerilla group, which has been declared a terrorist organisation.
Date: 25-11-2011
Country of Decision: Sweden
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Political Opinion, Subsidiary Protection, Refugee sur place
The applicant, from Iran, had not been politically active in Iran but participated in demonstrations in Sweden and appeared with his photo on dissident websites and TV. The applicant was considered to have been engaged in low-level political activity. Thus, he was deemed not to be of interest to the Iranian authorities and was therefore not considered to be a refugee or in need of subsidiary protection on “sur place” grounds.
Date: 16-09-2011
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Refugee Status, Persecution Grounds/Reasons, Political Opinion, Exclusion from protection
This case concerned the exclusion from refugee status of a former Baath party member. The fact that the applicant had previously held a position in the Iraqi military, was one of the Defence Minister's advisers and one of Saddam Hussein's closest men, was, on the evidence before the Court, considered insufficient to meet the requirements for exclusion from refugee status.
Date: 14-06-2011
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
Country of Decision: Sweden
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Religion, Credibility assessment
This case concerned the risk that Christian converts face in Iran. The applicants, from Iran, were granted a residence permit and refugee status because their Christian belief came to the Iranian authorities' attention.
Date: 27-04-2011
Country of Decision: Sweden
Country of Applicant: Somalia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actor of persecution or serious harm, Armed conflict, Benefit of doubt, Credibility assessment, Gender Based Persecution, Internal protection, Refugee Status, Well-founded fear
The case concerned a Somali woman who was granted refugee status on the grounds that she faced a risk of gender-related persecution on return. The applicant's male relatives threatened to kill her as she had given birth to an illegitimate child. The Migration Court of Appeal found that there was no internal protection alternative available to the applicant.
Date: 21-04-2011
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: Sweden
Country of Applicant: Russia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Country of origin information, Credibility assessment, Standard of proof
This case considered whether or not members of the Judiciary could be considered "a particular social group". It was found that they could not. The applicant did not convince the Court that on her return to Russia she would risk an unfair trial or unjust deprivation of liberty as a result of false allegations of bribery and knowingly handing down wrong decisions in court. The Court of Appeal considered that conditions in Russian prisons in general are not so severe as to warrant international protection.
Date: 18-02-2011
Country of Decision: Sweden
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Religion, Assessment of facts and circumstances, Credibility assessment, Refugee sur place, Subsequent application
For conversion to be considered an acceptable protection ground the religious belief must be genuine.
Converts to Christianity in Afghanistan face a general risk of persecution and inhuman or degrading treatment or punishment on return. However, the Migration Court of Appeal found that an Afghan applicant did not prove it was reasonably likely that his conversion from Islam to Christianity was founded on a genuine belief. He had not shown that if he returned to his country of origin he had the intention to live as a convert. There was also no evidence that the authorities in his...
Date: 30-11-2010
Country of Decision: Sweden
Country of Applicant: Kuwait
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Country of origin information, Credibility assessment, Discrimination, Persecution (acts of)
Bidoons in Kuwait are not issued with ID documents and are denied work, school and medical care. Despite the quality of the documents the applicant submitted he was considered to have established his affiliation as an unregistered Bidoon. The Court found that he had a well-founded fear of being subjected to further persecution as an unregistered Bidoon and that he qualified for refugee status. He was granted permanent residence as a refugee.
Date: 13-07-2010
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- Political Opinion 9
- Membership of a particular social group 7
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- Gender Based Persecution 4
- Refugee sur place 4
- Internal protection 3
- Religion 3
- Assessment of facts and circumstances 2
- Benefit of doubt 2
- Country of origin information 2
- Discrimination 2
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- Actor of persecution or serious harm 1
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- Armed conflict 1
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