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Country of Decision: Denmark
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Country of origin information, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Revocation of protection status, Subsidiary Protection, Torture
The complainant, a Somali Citizen and a Sufi Muslim from Jaameel Sheen, Hiiraan Region, Somalia, had been detained and tortured by al-Shabaab due to teaching English.
Based on a consistent account in accordance with a medico-legal report from a torture investigation and country of origin information the Board found the applicant profiled in relation to al-Shabaab.
The applicant was granted subsidiary protection under the Danish Aliens Act Art. 7 (2).
Date: 08-06-2018
Country of Decision: Denmark
Country of Applicant: Somalia
Keywords: Assessment of facts and circumstances, Country of origin information, Credibility assessment, Relevant Facts, Revocation of protection status, Subsidiary Protection
The complainant is an ethnic Galadi and a Muslim from Afgoye, Somalia. On 6 April 2017, the Danish Immigration Service decided not to prolong the complainant’s subsidiary protection under the Danish Aliens Act Art. 11 (2), cf. Art. 19 (1) no. 1 and Art. 19 (7) cf. Art. 26 (1).
After an overall assessment of the country of origin information the Board found that a deportation of the complainant to Afgoye no longer constitutes a violation of Denmark’s international obligations including ECHR article 3. However, regarding the assessment under the Aliens Act article 26, the Board found...
Date: 01-12-2017
Country of Decision: United Kingdom
Country of Applicant: Zimbabwe
Keywords: Circumstances ceased to exist, Inhuman or degrading treatment or punishment, Revocation of protection status
The Secretary of State had appealed the decision of the FTT (supported by the Upper tribunal) on several grounds of error in law. The Court upheld the tribunal on the issue of whether they had considered the gravity of the respondent’s offences (section 72 of the 2002 Act); but found that the tribunals had indeed erred when considering the application of Article 1C(5) of the Refugee Convention, and on the applicability of Article 8 ECHR. They consequently remitted the case of MM’s deportation to the Upper Tribunal for re-examination in its entirety, based on these errors in the...
Date: 20-06-2017
Country of Decision: Denmark
Country of Applicant: Somalia
Keywords: Child Specific Considerations, Country of origin information, Credibility assessment, Gender Based Persecution, Refugee Status, Refugee sur place, Revocation of protection status, Subsidiary Protection
The applicant is an ethnic Somali and a Sunni Muslim belonging to the Bon Clan from Mesegawayn in the Galgaduud Region, Somalia. The applicant was originally in 2014 granted subsidiary protection by the Danish Immigration Service under the Danish Aliens Act Art. 7 (2). In February 2017, the Danish Immigration Service revoked the applicant’s subsidiary protection.
The account of the applicant regarding his original application was rejected by the Board due to a lack of credibility.
The majority of the Board found probable that the applicant’s daughter if returned to Somalia...
Date: 19-06-2017
Country of Decision: Germany
Country of Applicant: Russia (Chechnya)
Keywords: First country of asylum, Inadmissible application, Refugee Status, Revocation of protection status, Subsidiary Protection
A renewed application for asylum in a second country is admissible if the nature of international protection applied for differs from the protection already granted. Deportation to the country of the first application or the country of origin is not to be taken into account in this situation.
Date: 11-09-2016
Country of Applicant: Turkey
Keywords: Non-refoulement, Refugee Status, Revocation of protection status, Safe country of origin, Torture
The case examined the allegations of the applicant that his proposed expulsion to Turkey would place him at risk of inhuman and degrading treatment and would jeopardize his physical and health integrity.
The Court found no violation of the articles 2 and 3 of the Convention and held the claimed violations of articles 6 and 8 to be unfounded.
Date: 14-04-2015
Country of Decision: Sweden
Country of Applicant: Syria
Keywords: Exclusion from protection, Inhuman or degrading treatment or punishment, Refugee Status, Revocation of protection status, Serious harm
An Applicant who has been convicted of a serious crime is excluded from the right to claim protection. A life sentence with an undeterminable term does not constitute a temporary obstruction to deportation and therefore an Applicant cannot claim obstruction as grounds for leave to remain. Further, a family connection which has been examined by a criminal court as part of a final judgment cannot be re-examined as part of an asylum application.
Date: 02-01-2015
Slovakia - M. I. R. v Ministry of the Interior of the Slovak Republic, 21 August 2013, 9 Saz/16/2013
Country of Decision: Slovakia
Country of Applicant: Afghanistan
Keywords: Revocation of protection status, Serious harm
The Respondent erred if, in a procedure on the extension of subsidiary protection, it failed to examine the threats to safety for repariated Afghan nationals. The Respondent,within the context of finding the facts, had completely failed to examine evidence of the existence of serious harm within the meaning of Section 2(f)(2) of the Asylum Act (torture or inhuman or degrading treatment or punishment), and thus failed to address the question of whether, in the event of the Appellant returning (as a person who had left Afghanistan) to his country of origin, he would not also be at risk of...
Date: 21-08-2013
Country of Decision: Slovakia
Country of Applicant: Somalia
Keywords: Indiscriminate violence, Revocation of protection status, Serious harm, Subsidiary Protection
In order for subsidiary protection to be provided, the law requires not just a fear but a well-founded fear. This means that a fear of persecution must be real and not fictional. If the genuine nature of an appellant’s fear were to be accepted on the basis of an outline provided to the Respondent in proceedings to extend subsidiary protection, it would lead to a situation where almost all nationals of countries in which any kind of conflict was taking place - even a local one not directly affecting most of the population - would have to be regarded, without further grounds for acceptance...
Date: 21-08-2013
Country of Decision: Slovakia
Country of Applicant: Somalia
Keywords: Revocation of protection status, Serious harm
Dismissal of the Appellant’s claim that the findings of fact were incorrect beause the Respondent had failed to examine relevant grounds for assessing the existence of serious harm from the perspectives listed under Section 2(f)(1) and (2) of the Asylum Act, and specifically the risk of execution.
As the Appellant did not claim, either during the administrative or the judicial proceedings (before the Regional Court), that criminal proeedings were under way against him in his country of origin, or that he faced the threat of execution, torture, inhuman or degrading treatment, the...
Date: 13-08-2013
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- Subsidiary Protection 14
- Circumstances ceased to exist 10
- Serious harm 10
- Exclusion from protection 7
- Refugee Status 7
- Indiscriminate violence 6
- Real risk 6
- Cessation of protection 5
- Internal armed conflict 5
- Standard of proof 5
- Torture 5
- Assessment of facts and circumstances 4
- Individual threat 4
- Inhuman or degrading treatment or punishment 4
- Acts contrary to the purposes and principles of the UN 3
- Country of origin information 3
- Non-refoulement 3
- Procedural guarantees 3
- Well-founded fear 3
- Credibility assessment 2
- Crime against humanity 2
- Individual assessment 2
- Internal protection 2
- Previous persecution 2
- Protection 2
- Serious non-political crime 2
- Terrorism 2
- War crimes 2
- Access to the labour market 1
- Actor of persecution or serious harm 1
- Armed conflict 1
- Burden of proof 1
- Child Specific Considerations 1
- Detention 1
- Duty of applicant 1
- Family unity (right to) 1
- First country of asylum 1
- Gender Based Persecution 1
- Humanitarian considerations 1
- Inadmissible application 1
- International armed conflict 1
- Medical Reports/Medico-legal Reports 1
- Obligation to give reasons 1
- Persecution (acts of) 1
- Persecution Grounds/Reasons 1
- Political Opinion 1
- Refugee sur place 1
- Relevant Facts 1
- Religion 1
- Right to remain pending a decision (Suspensive effect) 1
- Safe country of origin 1
- Withdrawal of protection application 1
