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Excerpt: rship of a particular social group
Refugee sur place
Subsidiary … the Plaintiff is afraid of persecution (in the event that he was … membership of a particular social group or a certain political belief …
Country of Decision: Slovenia
Country of Applicant: Afghanistan
Keywords: Membership of a particular social group, Refugee sur place, Subsidiary Protection
The Plaintiff’s previous experience does not lead to the conclusion that the Plaintiff is afraid of persecution (in the event that he was returned) based on race, religion, national identity, membership of a particular social group or a certain political belief, as his fear is based on the possible consequences of retribution merely because he fled. According to the judgment of the Supreme Court the fact that he fled from the Taliban does not make him a “member of a particular social group” on the basis of which his refugee status could be...
Date: 28-12-2011
Excerpt: 2006, on grounds of a fear of persecution based on her alleged involvement … involvement with a rebel group. In 2011 the applicant …
Country of Decision: Ireland
Country of Applicant: Uganda
Keywords: Credibility assessment, Sexual orientation, Subsequent application
The applicant was not permitted to raise a new ground of claim based on her asserted homosexuality, when she had had numerous opportunities to raise this ground of claim earlier. The applicant was however granted leave to apply for judicial review, upon the Judge noting a factual error that had tainted the State’s earlier credibility assessment.
Date: 13-12-2011
Excerpt: Persecution Grounds/Reasons
Political … government-hostile OLF guerilla group, which has been declared … attached to the OLF could risk persecution of some kind but found that …
Country of Decision: Sweden
Country of Applicant: Ethiopia
Keywords: Persecution Grounds/Reasons, Political Opinion
An Ethiopian man was considered eligible for protection as a refugee due to his involvement in the government-hostile OLF guerilla group, which has been declared a terrorist organisation.
Date: 25-11-2011
Excerpt: Family member
Gender Based Persecution
Membership of a particular … rship of a particular social groupPersecution (acts ofPersecution Grounds/Reasons
Personal … agencies or suffered any other persecution. Problems of being a woman …
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Discrimination, Family member, Gender Based Persecution, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Personal interview, Refugee Status, Refugee sur place, Well-founded fear
The Applicant fled to Austria to be with her husband. She pleaded no reasons for fleeing such as problems of living as a woman in Afghanistan and the Federal Asylum Agency also made no investigations into this aspect. Only in the appeal were specific women’s issues raised. The Asylum Court decided that the Federal Asylum Agency was obliged to undertake the appropriate investigations under apparent theoretical circumstances relevant to asylum (such as gender), even if the party did not initiate such a submission.
Date: 21-11-2011
Excerpt: law's definition of a “grouppersecution”) for its assessment of …
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Subsidiary Protection, Real risk, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Assessment of facts and circumstances, Circumstances ceased to exist, Revocation of protection status
When establishing the necessary “density of danger” in an internal armed conflict within the meaning of Section 60 (7) (2) Residence Act/Art. 15 (c) Qualification Directive, it is not sufficient to quantitatively determine the number of victims in the conflict. It is necessary to carry out an “evaluating overview” of the situation, which takes into account the situation of the health system. However, this issue was not decisive in the present case, as the applicant would only face a low risk of being seriously harmed.
Date: 17-11-2011
Excerpt: Actor of persecution or serious harm
Actors of … protection
Membership of a particular social group
Non-state actors/agents ofpersecutionPersecution (acts of … formed.This case involved a fear of persecution because of religious beliefs …
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Actor of persecution or serious harm, Actors of protection, Country of origin information, Credibility assessment, Discrimination, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Relevant Documentation, Religion, Unaccompanied minor, Well-founded fear
Appeal against the General Secretary of the Ministry of Public Order's negative decision no 95/52986 of 28.4.2006 on a claim for asylum before the Appeal Committees formed pursuant to Articles 26 & 32 of Presidential Decree 114/2010 and the Minister of Citizen Protection's decision 5401/3-505533 of 7.11.2011 (385/8-11-2011 FEK YODD) pursuant to which the present Committee was formed.This case involved a fear of persecution because of religious beliefs (atheism) as well as because of membership of a particular social group (personality...
Date: 15-11-2011
Excerpt: command of his dead fathers group of Mujahadeen fighters.The … was fleeing prosecution not persecution.The Tribunal member in his …
Country of Decision: Ireland
Country of Applicant: Afghanistan
Keywords: Crime against humanity, Exclusion from protection
The applicant sought to have the decision of the Refugee Appeals Tribunal (RAT) to refuse to recommend refugee status set aside, on the basis that the RAT had implicitly found him to be entitled to refugee status, but had then proceeded to find that he was excluded from same due to his activities in Afghanistan, without however carrying out an assessment of his individual responsibility, having regard to the standard of proof required by Article 12(2) of Council Directive 2004/83/EC, as transposed into Irish law by the European Communities (Eligibility for Protection) Regulations 2006....
Date: 10-11-2011
Excerpt: Persecution Grounds/Reasons
Race
Political … punishment
Gender Based Persecution
Internal protection
Previous … nternal protection
Previous persecution
Refugee sur place
Standard …
Country of Decision: Germany
Country of Applicant: China, China (Tibet)
Keywords: Persecution Grounds/Reasons, Race, Political Opinion, Inhuman or degrading treatment or punishment, Gender Based Persecution, Internal protection, Previous persecution, Refugee sur place, Standard of proof
Tibetans in China are not at risk of “group persecution” based on their ethnicity. However, individual acts of persecution (the rape of a Tibetan woman by security forces in the present case) do constitute past persecution since they have to be regarded as being connected to the persecution ground “race”.
Date: 03-11-2011
Excerpt: Persecution Grounds/Reasons
Race
Membership … Grounds/Reasons
Race
Membership of a particular social group
Actor ofpersecution or serious harm
Assessment … assessment
Discrimination
Non-state actors/agents of persecution
Previous …
Country of Decision: Hungary
Country of Applicant: Kosovo
Keywords: Persecution Grounds/Reasons, Race, Membership of a particular social group, Actor of persecution or serious harm, Assessment of facts and circumstances, Credibility assessment, Discrimination, Non-state actors/agents of persecution, Previous persecution, Persecution (acts of)
Refugee status was granted to a Kosovar family of Roma origin based on their ethnicity being recognised as a particular social group. The court found that they faced a risk of persecution and that state protection was either unavailable or ineffective.
Date: 05-10-2011
Excerpt: origins who cited a fear of persecution because of his religious … because he would have faced persecution from the harsh, theocratic … was subjected to individual persecution by the Authorities in his …
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Obligation to give reasons, Personal interview, Refugee Status, Religion
The case involved the rejection of an asylum application by an Iranian citizen of Kurdish origins who cited a fear of persecution because of his religious opinions and, specifically, having become a Christian. In support of his claims he submitted his baptism certificate and invoked the punishment stipulated by the legal system in his country of origin for changing his religion. The Minister for Public Order's decision on the party's application was annulled for being insufficiently reasoned.
Date: 04-10-2011
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- Membership of a particular social group 151
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- Credibility assessment 66
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- Assessment of facts and circumstances 43
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