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EDAL case summaries

France - CNDA, 23 September 2011, Mr. D., n°11007337

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group … considered as a member of a social group whose members are, due to …
Country of Decision: France
Country of Applicant: Mauritania
Keywords: Persecution Grounds/Reasons, Membership of a particular social group
An applicant who demonstrated his will to put an end to his situation of servitude in Mauritania was considered as having a behavior which infringes on the customs of this country. He must be considered as a member of a social group whose members are, due to common characteristics which define then in the eyes of the Mauritanian society, likely to face persecution against which authorities are not able to protect them.
Date: 23-09-2011

Germany - Administrative Court München, 21 September 2011, M 11 K 11.30081

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Assessment of facts and … protection Non-state actors/agents of persecution …
Country of Decision: Germany
Country of Applicant: Somalia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Assessment of facts and circumstances, Country of origin information, Internal protection, Non-state actors/agents of persecution, Persecution (acts of)
An applicant from Somalia was eligible for refugee status. The court found:There was sufficient probability that the applicant’s life and freedom, in case of return to Somalia, were at risk due to his membership of a particular social group.Clan membership constitutes a particular social group.Protection against persecution is not provided by the State, by parties or by other organisations in Somalia.There is no internal protection in Somalia.
Date: 21-09-2011

Sweden – Migration Court of Appeal, 16 September 2011, UM 4801-10

Excerpt: Persecution Grounds/Reasons Political … organised by the opposition groups. The applicant was an active …
Country of Decision: Sweden
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Political Opinion, Subsidiary Protection, Refugee sur place

The applicant, from Iran, had not been politically active in Iran but participated in demonstrations in Sweden and appeared with his photo on dissident websites and TV. The applicant was considered to have been engaged in low-level political activity. Thus, he was deemed not to be of interest to the Iranian authorities and was therefore not considered to be a refugee or in need of subsidiary protection on “sur place” grounds.
Date: 16-09-2011

Germany - Administrative Court Köln, 15 September 2011, 18 K 6103/10.A

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Assessment of facts and … assessment Non-state actors/agents of persecution Previous …
Country of Decision: Germany
Country of Applicant: Guinea
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Assessment of facts and circumstances, Country of origin information, Credibility assessment, Non-state actors/agents of persecution, Previous persecution, Personal circumstances of applicant, Sexual orientation
An applicant from Guinea was recognised as a refugee. The court found that because of his homosexuality he faced a threat of persecution from family members. The State was unwilling or unable to provide protection.
Date: 15-09-2011

Greece - Council of State, 29 August 2011, Application No. 2512/2011

Excerpt: assessment Nationality Obligation to give reasons Persecution (acts of) Real risk Serious … not having shown a risk of persecution on racial, political or other … of a well-founded fear of persecution, necessary for recognition …
Country of Decision: Greece
Country of Applicant: Turkey
Keywords: Assessment of facts and circumstances, Country of origin, Credibility assessment, Nationality, Obligation to give reasons, Persecution (acts of), Real risk, Serious harm, Torture, Well-founded fear
The case concerned the interested party's obligation to cite specific facts which can provide evidence that the conditions for falling within the scope of the 1951 Convention had been satisfied. There must be a thorough examination of the main claims and a full justification of any negative decision in the case. If the Minister for Public Order adopts the Committee's negative judgment, then the relevant document must cite not only the interested party's claims but also the questions which were put to the foreigner and the responses he gave. The contested order – based on a...
Date: 29-08-2011

France - CNDA, 29 July 2011, Miss O., n°10020534

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Subsidiary Protection Inhuman … punishment Gender Based Persecution Trafficking in human beings Female …
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Subsidiary Protection, Inhuman or degrading treatment or punishment, Gender Based Persecution, Trafficking in human beings, Female genital mutilation
Young Nigerian women, especially those coming from the region of Benin City (State of Edo), who were forced to prostitute themselves in Europe in a transnational network of human trafficking, and who managed to extricate themselves from this network and to stop this forced activity, should not be seen as members of a particular social group in Nigeria. However, they face inhuman or degrading treatment in case of return to their country of origin and should therefore be granted subsidiary protection.
Date: 29-07-2011

Germany - Federal Administrative Court, 7 July 2011, 10 C 26.10

Excerpt: stated that he was at risk of persecution by both the PKK and the Turkish … having supported a terrorist group.The Administrative Court …
Country of Decision: Germany
Country of Applicant: Turkey
Keywords: Acts contrary to the purposes and principles of the UN, Exclusion from protection, Individual assessment, Revocation of protection status, Serious non-political crime, Terrorism

This case concerned the revocation of asylum and refugee status in the case of a former official of the Kurdistan Workers' Party (PKK) (following the European Court of Justice case of Federal Republic of Germany v B (C-57/09) and D (C-101/09), 09 November 2010).
Date: 17-07-2011

Spain - High National Court, 8 July 2011, 302/2010

Excerpt: Persecution Grounds/Reasons Race Religion Subsidiary … alleging a well founded fear of persecution for reasons of race and religion … application did not amount to persecution in accordance with the 1951 …
Country of Decision: Spain
Country of Applicant: Ivory Coast
Keywords: Persecution Grounds/Reasons, Race, Religion, Subsidiary Protection, Serious harm, Indiscriminate violence, Internal armed conflict, Safe third country
The applicant claimed asylum in November 2009 alleging a well founded fear of persecution for reasons of race and religion. The application was refused by the Ministry of Interior on the grounds that the application did not amount to persecution in accordance with the 1951 Refugee Convention. On appeal, the High National Court re-examined the application and held that the conflict which had arisen in the Ivory Coast had to be taken into account and on that basis subsidiary protection should be granted.
Date: 08-07-2011

Germany - Administrative Court Berlin, 7 July 2011, 33 K 79.10 A

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Political Opinion Actor ofpersecution or serious harm Actors of … membership of a particular social group of “family”.Threats by …
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Actor of persecution or serious harm, Actors of protection, Assessment of facts and circumstances, Non-state actors/agents of persecution, Previous persecution
Refugee status was granted to the applicants (parents) because of their advocacy in Afghanistan for democracy, separation of state and religion, equality between men and women, and their membership of and support for the party “Comprehensive movement for democracy and progress in Afghanistan”. Refugee status was granted to their children because of their membership of a particular social group of “family”.Threats by political opponents are to be considered as imminent persecution by non-State actors according to Art. 60 (1) sentence 4 (c) of the Residence...
Date: 07-07-2011

Ireland - High Court, 1 July 2011, G.V. & I.V. v Refugee Appeals Tribunal & Minister for Justice, Equality and Law Reform, [2011] IEHC 262

Excerpt: origin Discrimination Membership of a particular social groupPersecution (acts ofPersecution Grounds/Reasons Race … cumulatively, amounts to persecution in a given case is a matter … on the husband’s fear of persecution in Croatia as an ethnic Serb …
Country of Decision: Ireland
Country of Applicant: Croatia
Keywords: Safe country of origin, Discrimination, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Race
The Court held that the question of whether discrimination, taken cumulatively, amounts to persecution in a given case is a matter for the Refugee Appeals Tribunal.
Date: 01-07-2011

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