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EDAL case summaries

Belgium – Council for Alien Law Litigation, 28 January 2009, Nr. 22.175

Country of Decision: Belgium
Country of Applicant: Guinea
Keywords: Persecution Grounds/Reasons, Political Opinion, Actor of persecution or serious harm, Actors of protection, Assessment of facts and circumstances, Internal protection, Non-state actors/agents of persecution

The Council for Alien Law Litigation (CALL) held that Art 48/5, §3 of the Belgian Aliens Law, which refers to the principles of internal protection alternative and protection within a country of origin, is in principle applicable in cases where the threat comes from a non-state agent. In a case where the threat of persecution comes from a state agent, the decision-maker should explain why it believes that this provision is applicable nonetheless.
Date: 09-06-2011

Belgium – Council for Alien Law litigation, 20 October 2010, Nr. 49.821

Country of Decision: Belgium
Country of Applicant: Macedonia
Keywords: Membership of a particular social group, Actor of persecution or serious harm, Actors of protection, Gender Based Persecution, Non-state actors/agents of persecution, Protection

This case concerned the concept of “particular social group." The CALL held that persons of the same sex can, in certain societies, be considered as a “particular social group.” The applicant, a victim of forced prostitution, was granted international protection on the basis of her belonging to the social group of women.
Date: 20-10-2010

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