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EDAL case summaries

Belgium - Council for Alien Law Litigation, 17 August 2017, n°190 672

Country of Decision: Belgium
Country of Applicant: Albania
Keywords: Actor of persecution or serious harm, Assessment of facts and circumstances, Burden of proof, Circumstances ceased to exist, Country of origin, Duty of applicant, Exclusion from protection, Gender Based Persecution, Medical Reports/Medico-legal Reports, Non-state actors/agents of persecution, Obligation to give reasons, Personal circumstances of applicant, Previous persecution, Well-founded fear

An asylum applicant who was a victim of previous persecution in their country of origin can be granted refugee status under article 1, C 5) of the Geneva Convention. This is because, due to the severity of the treatment applied, the applicant’s fear is exacerbated to such an extent that, even if the persecution has ceased to exist, a return to the country of origin would be unthinkable. 
Date: 17-08-2017

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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