EDAL case summaries
Application for annulment of a decision by the Minister of Public Order
The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.
The case also addressed the deficient reasoning for the deviation in the Minister for Public Order's decision from the opinion issued by the competent Committee.
Application for annulment of a decision by the Minister of Public Order
The contested ministerial decision, which held that the applicant's application for recognition as a refugee should be rejected because threats emanating from non-state actors do not constitute a well-founded fear of persecution within the meaning of the 1951 Convention, is in direct violation of Article 1A(2) of the 1951 Convention.
Rejection of an extradition request by Azerbaijan in a case where the wanted person had been recognised as a refugee by Germany. Azerbaijan's request for extradition because of acts contrary to common criminal law was a premise aimed at stifling the wanted person's political opposition to the extraditing country's government. Azerbaijan was requesting extradition for political reasons.
The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.
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- Persecution Grounds/Reasons 4
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