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Country of Decision: Cyprus
Country of Applicant: Palestinian Territory
Keywords: Actors of protection, Refugee Status, Serious harm
An applicant that has received protection on behalf of UNRWA is not required to prove a fear of persecution to be recognised as a refugee; the asylum authorities have to examine whether the applicant was actually receiving UNRWA protection and whether that protection has ceased.
An individual examination of the case will reveal whether the cessation of UNRWA protection resulted from objective reasons that the agency could not rectify.
Date: 05-06-2020
Country of Decision: Belgium
Country of Applicant: Unknown
Keywords: Credibility assessment, Gender Based Persecution, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Serious harm, Sexual orientation
In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.
Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such...
Date: 27-02-2020
Country of Applicant: Iran
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Return, Serious harm, Well-founded fear
Extradition to Iran to face criminal charges would risk a violation of Article 3 due to possible exposure to flogging under Iranian penal law.
Date: 04-04-2019
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Credibility assessment, Individual assessment, Internal protection, Obligation to give reasons, Protection, Return, Safe country of origin, Serious harm, Subsidiary Protection, Vulnerable person
The judicial examination of whether subsidiary protection shall be approved requires a thorough assessment of the individual case. This applies in particular for especially vulnerable persons.
Date: 21-03-2018
Country of Decision: Switzerland
Country of Applicant: Morocco
Keywords: Dublin Transfer, Individual threat, Inhuman or degrading treatment or punishment, Medical Reports/Medico-legal Reports, Non-refoulement, Real risk, Refugee Status, Request to take back, Responsibility for examining application, Serious harm, Torture
According to the principle of non-Refoulement, Switzerland is obliged to apply Art. 17 Dublin-III-Regulation, examining an asylum application, if otherwise a provision of public international law could be infringed.
That is the case when there is substantial evidence indicating that an asylum seeker will be tortured again in his home country, but the originally responsible state denied asylum and decided to deport the person. It needs to be examined, whether and to what extent the authorities...
Date: 05-09-2017
Country of Decision: France
Keywords: Inhuman or degrading treatment or punishment, Serious harm, Unaccompanied minor
It is within the powers of the interim relief judge to order urgent measures to stop serious and illegal harm to fundamental rights of migrants in Calais.
Date: 31-07-2017
Country of Decision: France
Country of Applicant: Bangladesh
Keywords: Country of origin, Gender Based Persecution, Membership of a particular social group, Personal interview, Relevant Facts, Serious harm, Sexual orientation
A person, with a well-founded fear, within the meaning of the Geneva Convention, of being harmed by their family if they return to their country of origin because they are a member of a particular social group and are unable to rely on effective protection from the state, may be entitled to claim refugee status.
Date: 29-10-2015
Country of Applicant: Syria
Keywords: Armed conflict, Country of origin information, Detention, Effective access to procedures, Effective remedy (right to), Indiscriminate violence, Internal armed conflict, Protection, Real risk, Refugee Status, Serious harm, Well-founded fear
The applicants, a stateless Palestinian from Syria and two Syrian nationals, had been ordered to be expelled to Syria by the Russian authorities, and were detained in a detention centre in Russia pending this. The Court found that their expulsion to Syria would breach Articles 2 and 3, that Articles 5(4) and 5(1)(f) had been violated with regards to their detention, and that the restrictions on their contact with their representatives had breached Article 34.
Date: 15-10-2015
Country of Applicant: Turkey
Keywords: Detention, Health (right to), Material reception conditions, Persecution Grounds/Reasons, Political Opinion, Reception conditions, Refugee Status, Serious harm, Subsidiary Protection, Torture, Well-founded fear
In this judgement, the Court held that there was a violation of article 3 of the Convention concerning the detention conditions of the applicant at the premises of the executive subcommittee of the Thessaloniki foreign police. There was also a violation of article 5 para 1 (f) concerning the duration of his detention and para 4 with regards to the judicial review of his detention.
Date: 27-02-2015
Country of Decision: Sweden
Country of Applicant: Syria
Keywords: Exclusion from protection, Inhuman or degrading treatment or punishment, Refugee Status, Revocation of protection status, Serious harm
An Applicant who has been convicted of a serious crime is excluded from the right to claim protection. A life sentence with an undeterminable term does not constitute a temporary obstruction to deportation and therefore an Applicant cannot claim obstruction as grounds for leave to remain. Further, a family connection which has been examined by a criminal court as part of a final judgment cannot be re-examined as part of an asylum application.
Date: 02-01-2015
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