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EDAL case summaries

Spain: Supreme Court. Chamber for Contentious-Administrative Proceedings, 18th July 2016, M, Appeal No. 3847/2015

Country of Decision: Spain
Country of Applicant: Cameroon
Keywords: Country of origin, Inadmissible application, Refugee Status, Sexual orientation, Subsidiary Protection

The applicant requested international protection in Spain on 3rd November 2014, having been assaulted in his country of origin because of his sexual orientation. His partner died as a result of the assault. On the 26th October 2015, the Trial Chamber denied his request, stating that the allegations put forward by the applicant were “improbable or insufficient.”

On 18th July 2016, the applicant appealed this decision on two different grounds of appeal. First, on the grounds of an error when applying the relevant procedures for granting and withdrawing...
Date: 18-07-2016

Sweden - Migration Court of Appeal, 28 August 2013, UM 9565-11, MIG 2013:15

Country of Decision: Sweden
Country of Applicant: Cameroon
Keywords: Real risk, Refugee Status

A man from Cameroon whom the UNHCR considered a refugee and granted permanent leave to remain in Sweden as a quota refugee was refused his application for refugee status and travel documents.
Date: 28-08-2013

Poland - Regional Administrative Court in Warsaw, 7 March 2013, V SA/Wa 910/12

Country of Decision: Poland
Country of Applicant: Cameroon
Keywords: Actor of persecution or serious harm, Duty of applicant, Medical Reports/Medico-legal Reports, Membership of a particular social group, Refugee Status, Sexual orientation

It is the duty of the Applicant to show that he has been persecuted or is at serious risk of persecution. He should describe that persecution and present it to the fullest extent possible, showing how it relates to him in particular. Lack of acceptance by one’s family, social ostracism, and the negative perception of people of a different sexual orientation do not constitute grounds for according refugee status. However, given that the foreigner’s illness (AIDS) is at a very advanced stage and that he is undergoing treatment for epilepsy, it is necessary to consider whether deportation to...
Date: 07-03-2013

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