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EDAL case summaries

Greece - Special Appeal Committee, 26 June 2011, Application No. 95/126761

Excerpt: right to) Gender Based Persecution Inhuman or degrading treatment … punishment Membership of a particular social groupPersecution Grounds/Reasons Protection Real … misguided practices. The fear of persecution was based on  membership …
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Death penalty / Execution, Dependant (Dependent person), Discrimination, Family unity (right to), Gender Based Persecution, Inhuman or degrading treatment or punishment, Membership of a particular social group, Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Torture, Well-founded fear
This was an appeal against the rejection of an application for asylum before the Appeal Committees formed pursuant to Articles 26 and 32 of Presidential Decree 114/2010; and against the Minister for Citizen Protection's decisions 5401/3-498356 dated 11.2.2011 and 4000/1/67-f dated 18.5.2011. The rejection of the application (and the legal consequences arising from the rejection) was an excusable error, due to the body issuing the decision having adopted misguided practices. The fear of persecution was based on  membership of a particular social group....
Date: 26-06-2011

Germany - Administrative Court Augsburg, 16 June 2011, Au 6 K 30092

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Actor ofpersecution or serious harm Actors of … assessment Gender Based Persecution Internal protection Non-state …
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actor of persecution or serious harm, Actors of protection, Assessment of facts and circumstances, Credibility assessment, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution
The applicant was recognised as a refugee because of a threat of forced marriage in Afghanistan. The court found that rights violations resulting from forced marriage, including the use of physical and psychological violence, constitute severe violations of basic human rights according to Art. 9 (1) (b) of the Qualification Directive. The applicant belonged to the particular social group of "unmarried women from families whose traditional self-image demands a forced marriage." The Afghan State is neither willing nor able to protect women against persecution...
Date: 16-06-2011

Germany - Administrative Court Berlin, 9 June 2011, 33 K 285.10 A

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Subsidiary Protection Gender … Protection Gender Based Persecution …
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Subsidiary Protection, Gender Based Persecution
It is in principle possible for men to be persecuted on account of their gender. However, classifying the punishment for extramarital sex in Afghanistan as persecution on account of both membership of the group of men and the group of women would cover the entire society and renders the definition meaningless. Therefore, the applicant was not granted refugee status but his deportation was prohibited under Section 60 (2) of the Residence Act / Art 15 (b) of the Qualification Directive.
Date: 09-06-2011

Belgium – Council for Alien Law Litigation, 9 June 2011, Nr. 62.867

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Actors of protection Credibility … assessment Gender Based Persecution Internal protection Non-state …
Country of Decision: Belgium
Country of Applicant: Niger
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actors of protection, Credibility assessment, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution, Persecution (acts of)
This case concerned the assessment of the risk of being subjected to slavery on return. The CALL held that slavery is sufficiently grave by its nature to constitute persecution. The Court further added that the prohibition of slavery is an absolute and non-derogable right and that slaves can be considered as a particular social group.
Date: 09-06-2011

Belgium – Council for Alien Law Litigation, 19 May 2011, Nr. 61.832

Excerpt: rship of a particular social group Country of origin Country … of a well-founded fear of persecution based on the applicant facing  … FGM) on return to Somalia (persecution ground: membership of a particular …
Country of Decision: Belgium
Country of Applicant: Somalia
Keywords: Membership of a particular social group, Country of origin, Country of former habitual residence, Credibility assessment
Refugee status was granted on the basis of a well-founded fear of persecution based on the applicant facing  a second act of Female Genital Mutilation (FGM) on return to Somalia (persecution ground: membership of a particular social group). 
Date: 19-05-2011

Belgium – Council for Alien Law Litigation, 29 April 2011, Nr. 60.622

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Assessment of facts and … assessment Gender Based Persecution Female genital mutilation …
Country of Decision: Belgium
Country of Applicant: Guinea
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Assessment of facts and circumstances, Credibility assessment, Gender Based Persecution, Female genital mutilation
The CALL held that the examination of credibility should not overshadow the actual question of whether the applicant has reasons to fear persecution. In this case, refugee status was granted on the basis of a well-founded fear of persecution, by way of a forced marriage and a second excision (Female Genital Mutilation (FGM)).
Date: 29-04-2011

France - CNDA, 29 April 2011, Miss E., n°10012810

Excerpt: Gender Based Persecution Membership of a particular … rship of a particular social groupPersecution Grounds/Reasons Trafficking … from these networks, form a group whose members are, by reason …
Country of Decision: France
Country of Applicant: Nigeria
Keywords: Gender Based Persecution, Membership of a particular social group, Persecution Grounds/Reasons, Trafficking in human beings
Prostitutes who come from the State of Edo, and who are both victims of human trafficking and anxious to extricate themselves actively from these networks, form a group whose members are, by reason of these two common characteristics which define them, likely to be subjected to persecution within the meaning of Article 1A(2) of the 1951 Refugee Convention, without being able to avail themselves of the protection of the Nigerian authorities. They are members of a particular social group.
Date: 29-04-2011

Sweden – Migration Court, 27 April 2011, UM 20800-10

Excerpt: Persecution Grounds/Reasons Religion Credibility … was the only person in the group who was born a Muslim. One …
Country of Decision: Sweden
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Religion, Credibility assessment

This case concerned the risk that Christian converts face in Iran. The applicants, from Iran, were granted a residence permit and refugee status because their Christian belief came to the Iranian authorities' attention.
Date: 27-04-2011

Sweden – Migration Court of Appeal, 21 April 2011, UM 7851-10

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Actor ofpersecution or serious harm Armed conflict Benefit … assessment Gender Based Persecution Internal protection Refugee …
Country of Decision: Sweden
Country of Applicant: Somalia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actor of persecution or serious harm, Armed conflict, Benefit of doubt, Credibility assessment, Gender Based Persecution, Internal protection, Refugee Status, Well-founded fear
The case concerned a Somali woman who was granted refugee status on the grounds that she faced a risk of gender-related persecution on return. The applicant's male relatives threatened to kill her as she had given birth to an illegitimate child. The Migration Court of Appeal found that there was no internal protection alternative available to the applicant.
Date: 21-04-2011

Germany - Administrative Court of Oldenburg, 13 April 2011, 3 A 2966/09

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Credibility assessment Gender … assessment Gender Based Persecution Internal protection Non-state …
Country of Decision: Germany
Country of Applicant: Algeria
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Credibility assessment, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution, Previous persecution, Personal circumstances of applicant
Refugee status was granted to an Algerian woman who was at risk of forced marriage due to membership of a particular social group.
Date: 13-04-2011

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