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Country of Applicant: Azerbaijan
Keywords: Individual assessment, Personal circumstances of applicant, Political Opinion, Refugee Status
CJEU rules on the correct processing of applications for international protection lodged separately by family members and the interrelationship between them.
Date: 04-10-2018
Country of Applicant: Kosovo
Keywords: Access to the labour market, Personal circumstances of applicant, Stateless person
The restriction of the right to reside in a country may entail a violation of Article 8 ECHR, when creating disproportionate effects on the individuals’ private life. States should provide effective and accessible means to protect the right to respect for private and family life.
Date: 26-04-2018
Country of Decision: Denmark
Country of Applicant: Iraq
Keywords: Country of origin information, Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sexual orientation, Well-founded fear
The applicant, an ethnic Kurd and Sunni Muslim from Kirkuk, Iraq, became aware of his sexual orientation when he was 20/22 years of age and has since had relations with several men and during a longer period worked as a prostitute.
The Refugee Appeals Board accepted the applicants account and found that the applicant as a Kurd from Northern Iraq, according to country of origin information, would risk persecution if he was to return to Iraq and live openly as a homosexual. Consequently, the applicant was granted refugee status under the Danish Aliens Act art. 7 (1).
Date: 06-03-2018
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Dependant (Dependent person), Female genital mutilation, Legal assistance / Legal representation / Legal aid, Membership of a particular social group, Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Refugee Status, Subsidiary Protection
In countries where there is a high prevalence of female genital mutilation (FGM), as in Nigeria, non-excised persons can be considered as having a well-founded fear of persecution for reasons of membership of a particular social group within the meaning of Article 1A(2) of 1951 Refugee Convention. Refugee status can be granted where there is a considerable risk of excision and insufficient protection against this threat.
Date: 23-10-2017
Country of Decision: Switzerland
Country of Applicant: Afghanistan
Keywords: Country of origin information, Credibility assessment, Internal protection, Personal circumstances of applicant
Kabul cannot be considered as a reasonable internal flight alternative for the complainant due to the lack of a sustainable social network for him there and no other particular factors which would enable the applicant's removal . Therefore the complainant does not meet the requirements for a removal to Afghanistan.
Date: 13-10-2017
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Effective access to procedures, Inadmissible application, Inhuman or degrading treatment or punishment, Material reception conditions, Personal circumstances of applicant, Procedural guarantees, Safe third country, Vulnerable person
The right to be heard entails the obligation of the court to take note of the arguments put forward by the parties and to take these arguments into consideration when taking its decision. While this does not require the court to explicitly address every single fact put forward by the parties, the grounds of the decision have to refer to the essential issues raised by such facts.
In case of a single mother and her four minor children facing deportation to a country where beneficiaries of international protection had to live under difficult conditions, these personal circumstances of...
Date: 29-08-2017
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: Sweden
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Inhuman or degrading treatment or punishment, Personal circumstances of applicant, Religion, Subsidiary Protection
The Migration Court of Appeal considered the applicant’s ability to obtain subsidiary protection status based on his need for protection as a Shia Hazara and a minor.
The Court denied the appeal by the Migration Agency and granted the defendant subsidiary protection status.
Date: 17-03-2017
Country of Decision: United Kingdom
Country of Applicant: Congo (DRC), Lebanon, United Kingdom
Keywords: Assessment of facts and circumstances, Best interest of the child, Dependant (Dependent person), Family member, Family reunification, Family unity (right to), Persecution (acts of), Personal circumstances of applicant, Refugee Status, Relevant Documentation, Sponsor, Well-founded fear
The Immigration Rules (“the Rules”) minimum income requirements (“the MIR”) for individuals who have a right to live in the UK who wish to bring their non-EEA citizen spouses to live with them are not open to legal challenge.
The Rules fail unlawfully to give effect to the duty of the Secretary of State (“the SoS”) in respect of the welfare of children under s.55 of the Borders, Citizenship and Immigration Act 2009 (“the 2009 Act”), however the challenge to the validity of the Rules was dismissed.
To ensure that their decisions are compatible with the Human Rights Act...
Date: 22-02-2017
Country of Decision: Denmark
Country of Applicant: Somalia
Keywords: Assessment of facts and circumstances, Country of origin, Country of origin information, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution, Personal circumstances of applicant, Real risk, Relevant Facts, Subsidiary Protection
The applicant, an ethnic Somali and a Sunni Muslim belonging to the Darood Clan and Ogaden Sub-Clan, was born and raised in Libya.
The Board found that the applicant was, as her parents and siblings, a Somali citizen. Further, considering that Somali was not the applicant’s mother tongue, that she only with difficulty was able to speak, read or write in this language, that she in reality had never been to Somalia, that she does not know anyone in this country, and is a single mother with a son of five years old, the Board found that, in accordance with the ECtHR judgement R.H...
Date: 20-01-2017
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- Assessment of facts and circumstances 35
- Country of origin information 27
- Individual assessment 27
- Inhuman or degrading treatment or punishment 26
- Subsidiary Protection 24
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- Persecution Grounds/Reasons 21
- Internal protection 20
- Credibility assessment 18
- Membership of a particular social group 15
- Gender Based Persecution 13
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- Vulnerable person 11
- Political Opinion 10
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- Country of origin 9
- Relevant Facts 9
- Best interest of the child 8
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