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Excerpt: applicant reported a militia group to the police resulting in … against several members of the group and, for that reason, was … left the country fearing persecution by the militia. The Swedish …
Country of Applicant: Serbia
Keywords: Manifestly unfounded application, Safe country of origin
A Member State cannot rely on the rebuttable presumption under Articles 36 and 37 of the 2013 Asylum Procedures Directive (APD) in respect of the safe country of origin concept and subsequently find the application to be manifestly unfounded in accordance with Article 31(8)(b) without having fully implemented and complied with the procedures under the APD relating to the designation of countries as safe countries of origin.
Moreover, a Member State may not consider an application for asylum as manifestly unfounded under the APD due to the insufficiency of the applicant’s...
Date: 25-07-2018
Excerpt: rship of a particular social group
Refugee Status
Relevant … applicant was at risk of persecution by his family and locals …
Country of Decision: Denmark
Country of Applicant: Uganda
Keywords: Discrimination, Membership of a particular social group, Refugee Status, Relevant Facts, Sexual orientation, Well-founded fear
The applicant, an ethnic Samia and Christian Protestant from Mukono, Uganda, became aware of his sexual orientation when he was between 7 and 9 years old and has had several both short and longer relations with men.The Refugee Appeals Board accepted the applicants account which included imprisonment and physical and sexual abuse as well as harassment by village locals. Consequently, the Board found that the applicant was at risk of persecution by his family and locals against which no protection by the authorities could be obtained. Therefore, the applicant was granted...
Date: 17-05-2018
Excerpt: mutilation
Gender Based Persecution
Inhuman or degrading treatment … punishment
Membership of a particular social group
Political Opinion
Subsidiary … part of the Tigrinya ethnic group. In September 2015, the appellant …
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
Excerpt: Reports
Membership of a particular social groupPersecution Grounds/Reasons
Sexual orien … 2015 claiming that he feared persecution in his country of origin …
Keywords: Assessment of facts and circumstances, Credibility assessment, Medical Reports/Medico-legal Reports, Membership of a particular social group, Persecution Grounds/Reasons, Sexual orientation
National authorities can order experts’ reports with the purpose of assisting in the assessment of the facts and circumstances relating to a declared sexual orientation of an applicant, provided that the procedures for these reports are consistent with fundamental rights. However, the examining authority, courts or tribunal must not base their decision solely on the conclusions of an expert’s report and are not bound by these conclusions when assessing the applicant’s statements relating to his or her sexual orientation.
Moreover, national...
Date: 25-01-2018
Excerpt: punishment
Manifestly unfounded application
Persecution Grounds/Reasons
Refugee … Switzerland on the grounds of persecution owing to his homosexuality … 2012 on the grounds of being persecuted in his country of origin …
Country of Applicant: Sierra Leone
Keywords: Credibility assessment, Discrimination, Individual assessment, Inhuman or degrading treatment or punishment, Manifestly unfounded application, Persecution Grounds/Reasons, Refugee Status, Safe country of origin, Sexual orientation
The applicant, a national from Sierra Leone who claimed asylum in Switzerland on the grounds of persecution owing to his homosexuality, is found not to be at risk of treatment prohibited under Article 3 of the Convention in case of return to his country of origin. In substance, the Court recalls that national authorities are in the best position to carry out this risk assessment and recalls the UNHCR Guiding Principles on asylum claims based on sexual orientation, which require the evaluation of the risk through individual assessment, in addition to the examination of the...
Date: 18-01-2018
Excerpt: aid
Membership of a particular social groupPersecution Grounds/Reasons
Personal … having a well-founded fear of persecution for reasons of membership … membership of a particular social group within the meaning of Article …
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
Excerpt: assessment
Membership of a particular social group
Political Opinion
Religion
Well-founded … the claimant was at risk of persecution … member of a particular social group; second, because she may …
Country of Decision: United Kingdom
Country of Applicant: Iran
Keywords: Country of origin information, Credibility assessment, Membership of a particular social group, Political Opinion, Religion, Well-founded fear
The appellant claimed that the Tribunals in their determinations had failed to give adequate reasons for their conclusions, in particular that the appellant had not demonstrated well-founded fear. The Court considered the grounds for this claim and found that since we should ‘avoid a requirement of perfection’ (para 26) they were not sufficient to establish that the tribunals had erred, nor that the claimant was at risk of persecution.
Date: 12-10-2017
Excerpt: Considerations
Non-state actors/agents of persecutionPersecution (acts of)
Protection
Real … protection arguing that he is persecuted in Egypt by Muslimgroups, due to him being a member … decision was the lack of persecution of Coptic Christians since …
Country of Decision: Hungary
Country of Applicant: Egypt
Keywords: Child Specific Considerations, Non-state actors/agents of persecution, Persecution (acts of), Protection, Real risk, Refugee Status, Relevant Facts, Religion, Well-founded fear
The Immigration and Asylum Office unlawfully rejected the claimant’s application for international protection. The court found that the authorities did not objectively assess the evidence and country information provided by the claimant, a Coptic Christian from Egypt. They also failed to correctly interpret the definition of a refugee in accordance with international law and disregarded the special status of the claimant who was an underage applicant.
Date: 22-09-2017
Excerpt: Actor of persecution or serious harm
Actors of … protection
Non-state actors/agents of persecutionPersecution Grounds/Reasons
Personal … circumstances of applicant
Previous persecution
Refugee Status …
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
Excerpt: information
Discrimination
Membership of a particular social groupPersecution (acts ofPersecution Grounds/Reasons
Previous … Geneva Convention for fear of persecution based on sexual orientation … may be regarded as a social group within the meaning of the …
Country of Decision: France
Country of Applicant: Mongolia
Keywords: Assessment of facts and circumstances, Country of origin information, Discrimination, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Previous persecution, Real risk, Refugee Status, Sexual orientation, Well-founded fear
An applicant may be granted refugee status under Article 1 of the 1951 Geneva Convention for fear of persecution based on sexual orientation. This depends on whether or not, according to the conditions prevailing in the country of origin, persons sharing a sexual orientation may be regarded as a social group within the meaning of the Convention.
Date: 31-05-2017
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- Membership of a particular social group 151
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