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Country of Decision: Denmark
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Country of origin information, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Revocation of protection status, Subsidiary Protection, Torture
The complainant, a Somali Citizen and a Sufi Muslim from Jaameel Sheen, Hiiraan Region, Somalia, had been detained and tortured by al-Shabaab due to teaching English.
Based on a consistent account in accordance with a medico-legal report from a torture investigation and country of origin information the Board found the applicant profiled in relation to al-Shabaab.
The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).
Date: 08-06-2018
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Internal armed conflict, Persecution Grounds/Reasons, Refugee Status, Relevant Facts, Subsidiary Protection
The complainant, an Ethnic Maktumin Stateless Kurd from Amuda, Al-Hasakah, Syria, was granted temporary protection under the Danish Aliens Act Art. 7 (3).
On 31 August 2017 the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1) or alternatively subsidiary protection under the Danish Aliens Act Art. 7 (2).
The Board found that the complainant fulfilled the conditions for subsidiary protection under the Danish Aliens Act Art. 7 (2) as he would risk participating in acts of war during the compulsory military service.
Date: 25-05-2018
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Internal armed conflict, Persecution Grounds/Reasons, Refugee Status, Relevant Documentation
The complainant, an Ethnic Arab and Sunni Muslim from Damascus, Syria, was granted temporary protection under the Danish Aliens Act Art. 7 (3).
On 1 March 2017, the complainant lodged a complaint claiming refugee status under the Danish Aliens Act Art. 7 (1).
The Board accepted that the complainant, who did not want to be redrafted into the Syrian Army, if he returned to Syria, would be at risk of being recalled to military service and therefore at specific and individual risk of persecution covered by the Danish Aliens Act Art. 7 (1). Consequently, the complainant was granted...
Date: 01-03-2018
Country of Decision: United Kingdom
Country of Applicant: Sri Lanka
Keywords: Actor of persecution or serious harm, Benefit of doubt, Credibility assessment, Duty of applicant, Relevant Documentation, Standard of proof
The Tribunal reasserted the decision maker’s duty of confidentiality in considering documents produced in support of a protection claim. Where there is a needed to make an inquiry in the country of origin then written consent must be given by the applicant. Moreover, Article 22 of the Asylum Procedures Directive prohibits direct contact with the alleged actor of persecution. Additionally, the Refugee Convention requires that the authentication of a document is undertaken with a precautionary approach, namely whether an inquiry is necessary or should be framed in a specific manner and...
Date: 19-07-2017
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Actor of persecution or serious harm, Actors of protection, Country of origin, Country of origin information, Internal protection, Non-state actors/agents of persecution, Persecution Grounds/Reasons, Personal circumstances of applicant, Previous persecution, Refugee Status
1. Afghans who have worked for international aid organisations are particularly endangered of becoming victims of political persecution by non-state actors (e.g. Taliban) according to § 3 (1) AsylG in case of a return to Afghanistan.
2. There is no internal protection for these people. They cannot escape the clutches of non-state actors as these groups have a wide (information) network at their disposal and an increased interest in persons who have worked for international aid organisations.
Date: 26-06-2017
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Family member, Internal armed conflict, Membership of a particular social group, Persecution Grounds/Reasons, Refugee Status, Relevant Facts
The applicant, an ethnic Kurd and a Sunni Muslim from Aleppo, Syria was granted temporary protection under the Danish Aliens Act Art. 7 (3).
A complaint to the Refugee Appeals Board was lodged claiming refugee status under the Danish Aliens Act Art 7 (1), alternatively subsidiary protection under the Danish Aliens Act Art 7 (2).
The applicants mother was granted refugee status under the Danish Aliens Act Art. 7 (1) due to her work in a health clinic treating injured insurgents.
The majority of the Board, referring to country of origin information, found that the...
Date: 10-05-2017
Country of Decision: United Kingdom
Country of Applicant: Pakistan
Keywords: Actor of persecution or serious harm, Best interest of the child, Child Specific Considerations, Family member, Refugee Status, Relevant Facts, Return
Following the careful examination of International, European and domestic law, the Court concluded that the grant of refugee status supersedes any order made by a Family Court (regarding the return of the child to Pakistan), because it is the Secretary of State for the Home Department that is the entrusted public authority to deal with asylum matters. However, were the Family Court to discover new facts, the relevant public authority would be responsible, in principle, under the tenets of UK Administrative Law to review their decision.
Date: 26-04-2017
Country of Decision: France
Country of Applicant: Ivory Coast
Keywords: Actor of persecution or serious harm, Credibility assessment, Gender Based Persecution, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Sexual orientation
Granting someone a refugee status for fear of persecution based on belonging to a social group due to his sexual orientation, cannot be linked to the fact that his sexual orientation has, or not, been made public. Indeed, a social group is instituted by how society perceive those in the group.
An individual applying for asylum does not have, in order to avoid persecutions in his country, to hide his sexual orientation.
In order to prove the risk of persecution, there is no requirement that belonging to a social group based on sexual orientation must be prohibited by any...
Date: 08-02-2017
Country of Applicant: Russia
Keywords: Actor of persecution or serious harm, Burden of proof, Credibility assessment, Detention, Duty of applicant, Effective access to procedures, Effective remedy (right to), Individual threat, Non-state actors/agents of persecution, Persecution (acts of), Real risk, Refugee Status, Relevant Documentation, Relevant Facts, Standard of proof, Subsequent application, Well-founded fear
The Court found a violation of Article 3 in relation to a subsequent application for asylum, which had been rejected on the basis that it contained no new elements indicating that the Applicants ran a real risk of being subjected to inhuman and degrading treatment or punishment on deportation to Russia. Because new information had in fact been provided, the national authorities were under an obligation to thoroughly review the information in order to assure themselves that the Applicants’ rights under Article 3 would be safeguarded.
Date: 19-01-2016
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Armed conflict, Country of origin information, Credibility assessment, Gender Based Persecution, Inhuman or degrading treatment or punishment, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Vulnerable person
In this case, the European Court of Human Rights (ECtHR) revisited the conditions of Mogadishu, Somalia as it relates to an alleged violation of Article 3 of the European Convention of Human Rights (ECHR).
In the specific case, the ECtHR held that:
1) While the general conditions of Mogadisuh remain serious and fragile, objective reports support the finding that such conditions are not sufficient to find a violation of Article 3 of the ECHR; and
2) While the ECtHR acknowledged that the applicant in the present case faces a different threat as a woman and that several...
Date: 10-09-2015
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- Persecution Grounds/Reasons 29
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- Gender Based Persecution 13
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