EDAL case summaries
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Persecution (acts of), Religion, Safe third country
The Court of Appeal rejected a request rebutting the presumption of Turkey as a safe third country for a Syrian national of Armenian origin who resided there for one year and held a work permit, on the ground that general references to human rights violations and deficiencies in Turkey’s asylum system did not suffice to establish a real and individualised risk of persecution or indirect refoulement to Syria.
Date: 30-09-2016
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Credibility assessment, Internal armed conflict, Internal protection, Persecution (acts of), Political Opinion, Well-founded fear
The Applicant's claims that he would be in danger in Syria because of the civil war there were accepted, because he was a Christian and is considered an enemy by both sides and because he left his country illegally and applied for international protection. The Applicant's fear of being killed as a non-combatant in the civil war was considered to be well-founded. It was considered that there was a reasonable chance that he would be arrested and mistreated since the Syrian state would perceive him to have political beliefs since he had lived abroad and would be considered to be opposed to...
Date: 24-10-2013
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Country of origin information, Credibility assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal protection, Persecution (acts of), Protection, Race, Serious harm, Standard of proof, Subsidiary Protection, Well-founded fear
The Applicant’s objective fear was not considered well-founded as persecution was not considered reasonably likely. It was held that there was a reasonable likelihood that, should he return, the Applicant would be forced to live as an internally displaced person in degrading conditions because he lacked the family network that would be required in order to reintegrate him into his homeland socially and financially. Exposure to extreme living conditions constitutes degrading treatment and deporting a person to a country where he would be subject to such conditions violates Article 3 of the...
Date: 19-01-2012
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Actor of persecution or serious harm, Actors of protection, Country of origin information, Credibility assessment, Discrimination, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Relevant Documentation, Religion, Unaccompanied minor, Well-founded fear
Appeal against the General Secretary of the Ministry of Public Order's negative decision no 95/52986 of 28.4.2006 on a claim for asylum before the Appeal Committees formed pursuant to Articles 26 & 32 of Presidential Decree 114/2010 and the Minister of Citizen Protection's decision 5401/3-505533 of 7.11.2011 (385/8-11-2011 FEK YODD) pursuant to which the present Committee was formed.
This case involved a fear of persecution because of religious beliefs (atheism) as well as because of membership of a particular social group (personality shaped in a non-Islamic society /...
Date: 15-11-2011
Country of Decision: Greece
Country of Applicant: Turkey
Keywords: Assessment of facts and circumstances, Country of origin, Credibility assessment, Nationality, Obligation to give reasons, Persecution (acts of), Real risk, Serious harm, Torture, Well-founded fear
The case concerned the interested party's obligation to cite specific facts which can provide evidence that the conditions for falling within the scope of the 1951 Convention had been satisfied. There must be a thorough examination of the main claims and a full justification of any negative decision in the case. If the Minister for Public Order adopts the Committee's negative judgment, then the relevant document must cite not only the interested party's claims but also the questions which were put to the foreigner and the responses he gave. The contested order – based on a defective...
Date: 29-08-2011
Country of Decision: Greece
Country of Applicant: Azerbaijan
Keywords: Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Political Opinion, Protection, Real risk, Refugee Status
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.
Date: 07-07-2005
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