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Country of Decision: Spain
Country of Applicant: Kazakhstan
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Protection
The Supreme Court held that the National High Court of Spain (Audiencia Nacional) erred in annulling the General Deputy Director of Asylum’s decision to reject the Appellant’s request for international protection because the National High Court of Spain failed to consider the substance of the Appellant’s request for asylum.
Date: 23-02-2015
Country of Decision: Spain
Country of Applicant: Kazakhstan
Keywords: Assessment of facts and circumstances, Effective remedy (right to), Protection
The Supreme Court declared that the National High Court erred when annulling the decision of the General Sub-Directorate for Asylum (Ministry of Interior) to reject the Appellant’s request for international protection. The National High Court annulled the decision but did not consider the Appellant’s core claim: the request for international protection.
As the National High Court was in possession of all necessary facts required to decide on the substance of the request by the Appellant for international protection, it should have been able to determine as such. As a result, the...
Date: 23-02-2015
Country of Applicant: Kazakhstan
Keywords: Detention, Inhuman or degrading treatment or punishment, Return, Vulnerable person
The case concerned the administrative detention of a family for two weeks at the Rouen-Oissel centre in France pending their removal to Kazakhstan.
Date: 19-01-2012
Country of Applicant: Kazakhstan
Keywords: Country of origin, Country of origin information, Effective remedy (right to), Final decision, Manifestly unfounded application, Nationality, Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Political Opinion, Previous persecution, Protection, Refugee Status, Torture, Well-founded fear
A potential violation of Art. 3 of the Convention can be found when a person risks to be extradited to a country where practice of ill-treatment of detainees are reported by reliable sources, notwithstanding possible assurances by the involved public prosecutors of that country.
Given the irreversible and particular serious nature of the harm which might occur if risks relevant under art. 3 of the Convention materialise, an effective remedy to avoid such a harm within the meaning of art. 13 of the Convention requires both an independent and rigorous scrutiny of a claim...
Date: 18-05-2010
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: Kazakhstan
Keywords: Persecution Grounds/Reasons, Religion, Real risk, Benefit of doubt, Burden of proof, Credibility assessment
This case concerned an appeal against the refusal of international protection to an Imam from Kazakhstan who claimed persecution from state actors because of his religion. The Ministry of Interior (MOI) and the Regional Court considered that persecution had not been established, and that the behaviour of the authorities had not been motivated by the applicant’s religious belief of “pure Islam” (this is a term that is used to distinguish themselves from other Muslims). However, the Supreme Administrative Court (SAC) disagreed and found that due to the specific circumstances of the...
Date: 30-09-2008
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