EDAL case summaries
Country of Decision: Greece
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Credibility assessment, Internal armed conflict, Internal protection, Persecution (acts of), Political Opinion, Well-founded fear
The Applicant's claims that he would be in danger in Syria because of the civil war there were accepted, because he was a Christian and is considered an enemy by both sides and because he left his country illegally and applied for international protection. The Applicant's fear of being killed as a non-combatant in the civil war was considered to be well-founded. It was considered that there was a reasonable chance that he would be arrested and mistreated since the Syrian state would perceive him to have political beliefs since he had lived abroad and would be considered to be opposed to...
Date: 24-10-2013
Country of Decision: Hungary
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Credibility assessment, Indiscriminate violence, Persecution (acts of), Political Opinion, Subsidiary Protection
It must be noted that the Applicant’s occupation as a pharmacist meant that according to the country of origin information, he could be a target group for the country`s security forces if they suspected that assistance was being provided to the insurgents. This was considered to constitute the Applicant`s imputed political opinion to be taken into consideration in light of the right to asylum, in other words, circumstances to be considered pursuant to the Geneva Convention.
Date: 11-07-2013
Country of Decision: Belgium
Country of Applicant: Syria
Keywords: Indiscriminate violence, Political Opinion, Refugee sur place
The political activities carried out in Belgium by the Syrian Applicant justified granting him refugee status; he should not be confined to the subsidiary protection granted due to the indiscriminate violence generated by the armed conflict in Syria.
Date: 30-05-2013
Country of Decision: Hungary
Country of Applicant: Syria
Keywords: Political Opinion, Refugee Status, Refugee sur place, Subsidiary Protection
The Court recognised the Applicant as a refugee because he would be at risk of persecution due to his political opinions upon returning to his home country.
Date: 28-05-2013
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Burden of proof, Credibility assessment, Inhuman or degrading treatment or punishment, Internal protection, Political Opinion, Previous persecution, Religion, Torture, Vulnerable person
The Applicant left his country of origin (Iran) in 2003 having been arrested, illegally detained and tortured because of his participation in demonstrations against the regime in 1999. He told the Committee that he had occasionally participated in the anti-regime activities of Iranians in Greece, and that he did not wish to return to Iran because he feared that he would be imprisoned again and would be subjected to torture. Concerning his religious beliefs, he stated that he was an atheist. The Committee accepted that the torture suffered by the Applicant in his country of origin...
Date: 28-09-2012
Country of Decision: Hungary
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Credibility assessment, Medical Reports/Medico-legal Reports, Nationality, Persecution (acts of), Political Opinion
The Syrian Kurdish Applicant has been persecuted and tortured for his nationality and imputed political opinion.
Date: 17-01-2012
Country of Decision: Sweden
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Political Opinion, Subsidiary Protection, Refugee sur place
The applicant, from Iran, had not been politically active in Iran but participated in demonstrations in Sweden and appeared with his photo on dissident websites and TV. The applicant was considered to have been engaged in low-level political activity. Thus, he was deemed not to be of interest to the Iranian authorities and was therefore not considered to be a refugee or in need of subsidiary protection on “sur place” grounds.
Date: 16-09-2011
Country of Decision: Hungary
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Religion, Political Opinion, Assessment of facts and circumstances, Burden of proof, Country of origin information, Credibility assessment, Personal interview
The Iranian applicants’ asylum claim was rejected by the authorities as they were not found credible. As a result of this finding, the authorities did not consider their account in light of the country of origin information on Iran. The court quashed the decision and granted refugee status to the family reasoning that the authorities are obliged to carry out a thorough and complete fact assessment.
It was found that the contradictions in the applicants' account were not relevant from the point of view of international protection. The court also ruled that the authority is obliged to...
Date: 04-02-2011
Country of Applicant: Belarus
Keywords: Country of origin information, Credibility assessment, Effective remedy (right to), Inhuman or degrading treatment or punishment, Non-refoulement, Political Opinion, Return
Expulsion by France of two nationals of Belarus whose asylum claims had been rejected would amount to a violation of Article 3.
Date: 02-09-2010
Country of Decision: Finland
Country of Applicant: Sudan
Keywords: Religion, Political Opinion, Cessation of protection, Circumstances ceased to exist, Revocation of protection status
The applicant’s refugee status was revoked due to a change in circumstances in the applicant’s country of origin as per section 107 subsection 5 of the Aliens’ Act, where the applicant’s individual need of protection was assessed in light of the notable and established social change in Sudan.
Date: 12-12-2008
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