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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
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
Country of Decision: Denmark
Country of Applicant: Afghanistan
Keywords: Country of origin information, Gender Based Persecution, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution
The applicant was granted refugee status under the Danish Aliens Act Art. 7 (1) because of the threat of forced marriage in Afghanistan. The applicant belonged to the particular social group of “widows in risk of forced marriage”. The Afghan State is neither willing nor able to protect women against persecution in case of forced marriage. Internal protection was not available to the applicant.
Date: 16-01-2017
Country of Decision: Ireland
Country of Applicant: Albania
Keywords: Country of origin information, Gender Based Persecution, Membership of a particular social group, Non-state actors/agents of persecution, Persecution Grounds/Reasons
The High Court in this case focused on two questions: 1) whether the Refugee Appeals Tribunal’s (RAT) finding of a lack of a Convention nexus was valid, given the evidence before it, and 2) whether the RAT’s finding that the persecution faced by the applicant in the past does not amount to “compelling reasons” meriting a grant of refugee status was valid. The Court agreed with the Tribunal Member on the second question, finding that she had appropriately evaluated the applicant’s circumstances in light of the relevant guidelines, case law and evidence in rejecting the applicant’s claim...
Date: 11-09-2016
Country of Decision: Switzerland
Country of Applicant: Nigeria
Keywords: Country of origin information, Credibility assessment, Gender Based Persecution, Personal circumstances of applicant, Personal interview, Trafficking in human beings
In cases of reasonable suspicion that a person applying for asylum was a victim of human trafficking, the Swiss State Secretary for Migration is obliged to clarify the facts thoroughly on its own initiative.
Date: 18-07-2016
Country of Decision: France
Country of Applicant: Bangladesh
Keywords: Country of origin, Gender Based Persecution, Membership of a particular social group, Personal interview, Relevant Facts, Serious harm, Sexual orientation
A person, with a well-founded fear, within the meaning of the Geneva Convention, of being harmed by their family if they return to their country of origin because they are a member of a particular social group and are unable to rely on effective protection from the state, may be entitled to claim refugee status.
Date: 29-10-2015
Country of Applicant: Somalia
Keywords: Actor of persecution or serious harm, Armed conflict, Country of origin information, Credibility assessment, Gender Based Persecution, Inhuman or degrading treatment or punishment, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Protection, Real risk, Vulnerable person
In this case, the European Court of Human Rights (ECtHR) revisited the conditions of Mogadishu, Somalia as it relates to an alleged violation of Article 3 of the European Convention of Human Rights (ECHR).
In the specific case, the ECtHR held that:
1) While the general conditions of Mogadisuh remain serious and fragile, objective reports support the finding that such conditions are not sufficient to find a violation of Article 3 of the ECHR; and
2) While the ECtHR acknowledged that the applicant in the present case faces a different threat as a woman and that several...
Date: 10-09-2015
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- Membership of a particular social group 43
- Persecution Grounds/Reasons 38
- Non-state actors/agents of persecution 26
- Internal protection 20
- Subsidiary Protection 18
- Credibility assessment 16
- Actor of persecution or serious harm 13
- Country of origin information 13
- Personal circumstances of applicant 13
- Actors of protection 12
- Inhuman or degrading treatment or punishment 11
- Persecution (acts of) 11
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- Previous persecution 9
- Assessment of facts and circumstances 8
- Female genital mutilation 8
- Discrimination 7
- Well-founded fear 7
- Child Specific Considerations 6
- Political Opinion 6
- Real risk 6
- Refugee sur place 6
- Serious harm 6
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- Religion 5
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