EDAL case summaries
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Credibility assessment, Crime against humanity, Exclusion from protection, Internal armed conflict, Persecution Grounds/Reasons, Political Opinion, Real risk, Refugee Status, Relevant Facts, Serious non-political crime, War crimes
The applicant, who had deserted the Syrian army, was seen in isolation covered by the Danish Aliens Act Art. 7 (1) [refugee status]. However, the Board found serious reasons to assume that the applicant had committed a crime against humanity and war crimes during his military service and consequently he was excluded from protection. Nevertheless, the Danish Aliens Act Art. 31, (2) is an obstacle to his expulsion as he would risk persecution covered by the Danish Aliens Act Art. 7 (1) in the case of returning to Syria.
Date: 06-02-2017
Country of Decision: Hungary
Country of Applicant: Lebanon
Keywords: Effective remedy (right to), Exclusion from protection, Persecution Grounds/Reasons, Political Opinion, Refugee Status
In the case of a Palestinian stateless asylum-seeker from Lebanon, the Court found the objection of the OIN (that was otherwise unverified by documents and based on which the decision to reject was made) to be unfounded, and recognised the Applicant as refugee. The Court emphasized that any procedure where the contents of the objection concerning a matter of national security are not subject to review, is arbitrary and seriously contradicts the principles of the rule of law as it makes the right to an effective remedy meaningless.
Date: 29-08-2013
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Refugee Status, Persecution Grounds/Reasons, Political Opinion, Exclusion from protection
This case concerned the exclusion from refugee status of a former Baath party member. The fact that the applicant had previously held a position in the Iraqi military, was one of the Defence Minister's advisers and one of Saddam Hussein's closest men, was, on the evidence before the Court, considered insufficient to meet the requirements for exclusion from refugee status.
Date: 14-06-2011
Country of Decision: France
Country of Applicant: Congo (DRC)
Keywords: Persecution Grounds/Reasons, Political Opinion, Child Specific Considerations, Exclusion from protection
Given the situation of particular vulnerability and constraint of the applicant, a former child soldier from the DRC, there is no reason to apply any of the exclusion clauses of Article 1F of the 1951 Refugee Convention to him.
Date: 20-12-2010
Country of Decision: Slovakia
Country of Applicant: Algeria
Keywords: Exclusion from protection, Persecution Grounds/Reasons, Political Opinion, Terrorism
Even if an asylum applicant meets the conditions for provding subsidiary protection, he will be excluded from eligibility for subsidiary protection if there are serious grounds for believing that he represents a danger to society or a danger to the Member State in which he is staying.
It follows from the decision of the European Court of Human Rights that signatory states to the Convention (Convention for theProtection of Human Rights and Fundamental Freedoms) are under an obligation not to hand over/deport a person to a country where he might be at risk of treatment which is...
Date: 30-03-2010
Country of Applicant: Turkey
Keywords: Death penalty / Execution, Detention, Effective access to procedures, Effective remedy (right to), Exclusion from protection, Legal assistance / Legal representation / Legal aid, Political Opinion, Terrorism, Well-founded fear
The applicant was the leader of the PKK and the most wanted person in Turkey. He was arrested and sentenced to the death penalty. Breaches of Articles 3, 5 and 6 were found with regard to his detention, the imposition of the death penalty and his rights as the defence to a fair trial.
Date: 12-03-2003
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- Persecution Grounds/Reasons 5
- Refugee Status 3
- Effective remedy (right to) 2
- Terrorism 2
- Child Specific Considerations 1
- Credibility assessment 1
- Crime against humanity 1
- Death penalty / Execution 1
- Detention 1
- Effective access to procedures 1
- Internal armed conflict 1
- Legal assistance / Legal representation / Legal aid 1
- Real risk 1
- Relevant Facts 1
- Serious non-political crime 1
- War crimes 1
- Well-founded fear 1
