You are here
Home › Individual assessment › Refugee Status › Membership of a particular social group ›EDAL case summaries
This case dealt with the extent to which in the case of a child the prospect of discrimination could amount to a real risk of persecution sufficient to found a successful asylum claim in a situation where a comparably placed adult would not be at such a risk.
An Article 3 compliant assessment requires a full and ex nunc evaluation of a claim. Where the State is made aware of facts that could expose an applicant to an individual risk of ill-treatment, regardless of whether the applicant chooses to rely on such facts, it is obliged to assess this risk ex proprio motu.
This case examined the denial of a minor’s application for asylum which was decided primarily on the failure of his mother’s application. The Refugee Appeals Tribunal did not consider Country of Origin Information (COI) from the child’s perspective. Furthermore, clear reasons were not given for the refusal decision. The High Court granted leave and quashed the Refugee Appeals Tribunals decision to deny refugee status to the child. The Court also held that the best interests of the child should be a primary consideration of the Tribunal both with regard to the procedure and substantive...
If an appellant provides substantiated reasons that call into question the consideration of evidence in the administrative proceedings, the facts cannot be regarded as “well established on basis of the records in combination with the complaint”. Thus, an oral hearing has to be held. The same applies if there is a necessity to consider up-to-date country of origin information as well as an up-to-date medical report due to the long duration of the judicial proceedings.
In the opinion of the court, the absence of a legal representative in the oral hearing, in spite of an explicit...
The applicant challenged by way of judicial review the decision of the Refugee Appeals Tribunal (hereinafter RAT) (adverse credibility findings) on the grounds that it failed to have reasonable regard to the documents submitted. The Court held that the Tribunal failed to provide reasons rejecting a medico-legal report and further held that the Tribunal’s analysis of documentary evidence supportive of ethnicity submitted was wrong in fact. The Court quashed the decision of the Tribunal.
This case concerned forced child labour in ther country of origin and sexual exploitation of the daughter of an Ethiopian father and an Eritrean mother, strained relations between the two countries, mass expulsions on the basis of ethnic origin, absence of a family network in the country of origin, total illiteracy, unequal treatment of single women, and an inability to integrate into society.
In relation to the absence of a family network, the case considered the stigma which may be suffered as a member of the particular social group of “single women in Ethiopia”.
Should she...
The third action in a row brought by a foreign woman for refugee status ended in the issue of a judgment dismissing the case as it was found that the basis for the application was the same as in the previous cases and the application was therefore inadmissible. The Court overturned the negative decision by the Polish Council for Refugees, as the new application by the foreign woman stated that she had divorced her then husband and had been in a relationship for a year with a Polish citizen, which might cause persecution on religious grounds were she to return to her country of origin.
This case concerned fear of persecution for reasons of race and membership of a particular social group. The provisions of Article 1(4) of Presidential Decree 61/1999, which should be interpreted with reference to Articles 3 and 22 of the Convention on the Rights of the Child, recognize the special circumstances of asylum applications submitted by unaccompanied minors, for whom special procedural guarantees have been established. When examining asylum applications submitted by unaccompanied minors one must consider the Applicants' maturity and level of mental development; take into...
Application for annulment of a decision by the Minister of Public Order
The case addressed the absence of procedural guarantees in the context of appointing a Commissioner and assessing the applicant’s level of maturity with regard to the need for special treatment of an unaccompanied minor.
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 Court found that the decision of the Minister for...
Languages
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- (-) Remove Individual assessment filterIndividual assessment
- (-) Remove Membership of a particular social group filterMembership of a particular social group
- (-) Remove Refugee Status filterRefugee Status
- Assessment of facts and circumstances 5
- Burden of proof 4
- Child Specific Considerations 4
- Country of origin information 4
- Obligation to give reasons 4
- Personal circumstances of applicant 4
- Real risk 4
- Well-founded fear 4
- Best interest of the child 3
- Credibility assessment 3
- Persecution Grounds/Reasons 3
- Procedural guarantees 3
- Protection 3
- Subsidiary Protection 3
- Medical Reports/Medico-legal Reports 2
- Non-state actors/agents of persecution 2
- Race 2
- Reception conditions 2
- Refugee sur place 2
- Standard of proof 2
- Unaccompanied minor 2
- Actor of persecution or serious harm 1
- Discrimination 1
- Effective remedy (right to) 1
- Final decision 1
- Inhuman or degrading treatment or punishment 1
- Internal protection 1
- Legal assistance / Legal representation / Legal aid 1
- Non-refoulement 1
- Persecution (acts of) 1
- Political Opinion 1
- Previous persecution 1
- Religion 1
- Return 1
- Subsequent application 1
- Trafficking in human beings 1
Filter by country of applicant
- Afghanistan 2
- Ethiopia 2
- Congo (DRC) 1
- Iran 1
- Nigeria 1
- Russia 1
- Somalia 1
Filter by country of decision
- Greece 3
- Ireland 2
- Austria 1
- Poland 1
- United Kingdom 1