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Country of Decision: Belgium
Country of Applicant: Unknown
Keywords: Credibility assessment, Gender Based Persecution, Medical Reports/Medico-legal Reports, Persecution Grounds/Reasons, Serious harm, Sexual orientation
In a case of an asylum application on the grounds of gender based persecution, supported by medical reports, the Belgian Council of State held that it belongs to the asylum authorities to investigate the origin of injuries, whose nature and seriousness imply a presumption of treatment contrary to article 3 ECHR and to assess the risks they reveal.
Without this assessment, the judge cannot legally conclude that the Applicant does not establish that he has been persecuted or has suffered serious harm or been subjected to direct threats of such...
Date: 27-02-2020
Belgium - X v. Commissioner-General for Refugees and Stateless Persons, 26 November 2019, N° 229 288
Country of Decision: Belgium
Country of Applicant: Ivory Coast
Keywords: Assessment of facts and circumstances, Gender Based Persecution, Membership of a particular social group, Previous persecution, Real risk, Well-founded fear
The fact that an asylum applicant has already been persecuted in the past or has already suffered serious harm is a serious indication of the well-founded fear of the claimant, or of the real risk of suffering serious harm, unless there is good reason to believe that this persecution or serious harm will not happen again.
When an applicant has suffered female genital mutilation in her country of origin, there is a rebuttable presumption that she will again be the...
Date: 26-11-2019
Country of Decision: Belgium
Country of Applicant: Guinea
Keywords: Female genital mutilation, Gender Based Persecution, Non-state actors/agents of persecution, Obligation/Duty to cooperate, Protection, Real risk, Relevant Documentation, Relevant Facts
A Guinean woman who has been forced into marriage at a young age and subsequently harassed into marrying her late husband’s brother, is a refugee under article 1, section A §2 of the Geneva Convention. She risks being persecuted by reason of her membership in the social group of women, and considering the regular violation of women’s rights occuring in Guinea.
Date: 19-06-2019
Country of Decision: Greece
Country of Applicant: Ghana
Keywords: Gender Based Persecution, Inhuman or degrading treatment or punishment, Membership of a particular social group, Sexual orientation, Unaccompanied minor, Well-founded fear
Date: 12-06-2019
Country of Decision: Germany
Country of Applicant: Eritrea
Keywords: Family member, Family reunification, Female genital mutilation, Gender Based Persecution, Inhuman or degrading treatment or punishment, Membership of a particular social group, Political Opinion, Subsidiary Protection
§ 104 para. 13 S. 1 of AufenthG (Residence Law) impedes the claim of a person with subsidiary protection for the assessment of a case of non-refoulment referring to the situation in the state of origin according to § 60 Abs. 5 AufenthG and Art. 3 ECHR in order to enable family reunion due to the lack of a defensible interest.
Date: 19-04-2018
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
Country of Decision: Denmark
Country of Applicant: Jordan
Keywords: Best interest of the child, Child Specific Considerations, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution
The applicant, a Jordanian citizen feared that her eldest daughter who was 17 years old would be forced by the applicant’s in-laws to marry a cousin. The Refugee Appeals Board noted that the daughter had an asylum motive of her own and according to Article 12 of the Convention on the Rights of the Child she had a right to be heard. To ensure a two-tier hearing and adjudication the Board remitted the case to the Danish Immigration Service.
Date: 27-06-2017
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: Denmark
Country of Applicant: Russia
Keywords: Assessment of facts and circumstances, Credibility assessment, Gender Based Persecution, Real risk, Right to remain pending a decision (Suspensive effect), Subsidiary Protection
The applicant, an ethnic Ingush and a Muslim from Ingushetia, Russia, feared her former husband and his family. She feared they would take her daughter away from her because she ran away with her child. Moreover, the applicant feared her eldest brother as he would marry her off to an elderly man and take her child away and hand the child over to her former husband.
The Refugee Appeals Board did not find that the conflicts between the applicant and her family members were of such nature and intensity to fall under the Danish Aliens Act Art. 7. Consequently, the Board upheld the...
Date: 05-04-2017
Country of Decision: France
Country of Applicant: Ivory Coast
Keywords: Actor of persecution or serious harm, Credibility assessment, Gender Based Persecution, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Sexual orientation
Granting someone a refugee status for fear of persecution based on belonging to a social group due to his sexual orientation, cannot be linked to the fact that his sexual orientation has, or not, been made public. Indeed, a social group is instituted by how society perceive those in the group.
An individual applying for asylum does not have, in order to avoid persecutions in his country, to hide his sexual orientation.
In order to prove the risk of persecution, there is no requirement that belonging to a social group based on sexual orientation must be prohibited by any...
Date: 08-02-2017
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- Membership of a particular social group 46
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