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Excerpt: Gender Based Persecution
Inadmissible application
Membership … application
Membership of a particular social group … marriage, constitutes a form of persecution for membership of a particular …
Country of Decision: Spain
Country of Applicant: Nigeria
Keywords: Gender Based Persecution, Inadmissible application, Membership of a particular social group
The case refers to an appeal before the High National Court brought by the Appellant against the decision of the Central Court for Contentious-Administrative Proceedings to uphold the Ministry of the Interior’s denial of asylum.The Appellant is a Nigerian national.In the application she claimed that when her father died, she was left in debt to the chief of the tribe to which they belonged.In order to settle the debt, the Applicant was forced to marry the tribal chief and was kept as a prisoner.Therefore, the High National Court upheld the Applicant’s appeal as it deemed the situation...
Date: 23-03-2011
Excerpt: Gender Based PersecutionPersecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Non-state actors/agents ofpersecution
Refugee sur place
Subsequent … stated that she had suffered persecution as she had a second child …
Country of Decision: Germany
Country of Applicant: China
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Non-state actors/agents of persecution, Refugee sur place, Subsequent application
A mother of two children was recognised as a refugee as there was sufficient probability of her being forced to undergo sterilisation in China due to violation of the one child policy. Forced sterilisation constitutes a violation of the basic human right to physical integrity and human dignity to such an extent that it is without doubt relevant under Section 60 (1) of the Residence Act. / Art 1 A 2 of the 1951 Refugee Convention.
Date: 23-03-2011
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Actors of protection
Actor … tors of protection
Actor of persecution or serious harm
Internal …
Country of Decision: Finland
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actors of protection, Actor of persecution or serious harm, Internal protection
The Helsinki Administrative Court held that the applicant was not considered at risk of persecution as it was unlikely that the Iranian authorities were aware of the applicant’s extramarital affair and the applicant was able to rely on her friends for support in different parts of Iran.
Date: 23-03-2011
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Actors of protection
Actor … tors of protection
Actor of persecution or serious harm
Internal …
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actors of protection, Actor of persecution or serious harm, Internal protection
The Helsinki Administrative Court held that the applicant was not considered at risk of persecution as it was unlikely that the Iranian authorities were aware of the applicant’s extramarital affair and the applicant was able to rely on her friends for support in different parts of Iran.
Date: 23-03-2011
Excerpt: applicant
Obligation to give reasons
Persecution Grounds/Reasons
Protection
Real … cause him to have a fear of persecution for reasons of race, religion … religion, nationality, social group or political opinion. If …
Country of Decision: Greece
Country of Applicant: Bangladesh
Keywords: Credibility assessment, Duty of applicant, Obligation to give reasons, Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Relevant Documentation, Religion, Well-founded fear
A foreigner who wishes to be placed under the special protection of refugee status must show the Administration, with reasonable clarity and in an objectively reasoned way, that there are specific facts which cause him to have a fear of persecution for reasons of race, religion, nationality, social group or political opinion. If such substantive claims have not been submitted, but only general, vague or manifestly unfounded claims; or if specific facts have indeed been cited but these do not establish grounds for refugee status, then there is no obligation...
Date: 22-03-2011
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Best interest of the child
Child … Specific Considerations
Persecution (acts of)
Unaccompanied …
Country of Decision: United Kingdom
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Best interest of the child, Child Specific Considerations, Persecution (acts of), Unaccompanied minor
The Court of Appeal concluded that the Tribunal must make a best interest of the child determination in considering an asylum appeal made by an unaccompanied minor. Further, that although the Secretary of State has a duty to trace the applicant’s family under the Reception Conditions Directive, this duty exists independently of the obligation to appropriately consider an asylum claim. Therefore the Secretary of State’s failure to act on the basis of the duty is not a ground on which an asylum appeal could be allowed.
Date: 22-03-2011
Excerpt: considerations
Membership of a particular social group … requested asylum on the basis of persecution due to membership of a particular … membership of a particular social group (victim of domestic violence …
Country of Decision: Slovakia
Country of Applicant: Armenia
Keywords: Effective access to procedures, Humanitarian considerations, Membership of a particular social group
In the opinion of the Supreme Court of the Slovak Republic, the decision of the defendant was arbitrary only with regard to the statement that “in view of the fact that there is no legal entitlement to asylum in the territory of the Slovak Republic on humanitarian grounds and in the course of the procedure no facts were found which would have led the Migration Office to such a conclusion, it will not grant asylum on humanitarian grounds under Section 9 of the Asylum Act“, which could not be reviewed due to lack of grounds.
Date: 16-03-2011
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Gender BasedPersecution
Internal protection
Non-state … protection
Non-state actors/agents of persecution …
Country of Decision: Germany
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Gender Based Persecution, Internal protection, Non-state actors/agents of persecution, Persecution (acts of)
Rights violations resulting from a forced marriage, including the use of physical and mental violence, constitute severe violations of basic human rights in terms of Art 9.1 (a) of the Qualification Directive.The Iranian state is neither able nor willing to protect women against persecution by relatives in case of forced marriage.
Date: 14-03-2011
Excerpt: rship of a particular social group
Assessment of facts and … applicant has reasons to fear persecution. In this case the benefit … of a well-founded fear of persecution for being homosexual (membership …
Country of Decision: Belgium
Country of Applicant: Mauritania
Keywords: Membership of a particular social group, Assessment of facts and circumstances, Benefit of doubt, Credibility assessment, Internal protection
The CALL held that the examination of credibility should not overshadow the actual question, i.e. whether the applicant has reasons to fear persecution. In this case the benefit of the doubt was given to the applicant. Refugee status was granted on the basis of a well-founded fear of persecution for being homosexual (membership of a particular social group).
Date: 07-03-2011
Excerpt: has a well-founded fear of persecution, the Administration may take … demonstrated that he was persecuted by the Turkish authorities … subjected to, individual persecution by the Authorities in his …
Country of Decision: Greece
Country of Applicant: Turkey
Keywords: Credibility assessment, Humanitarian considerations, Obligation to give reasons, Refugee Status, Well-founded fear
Plea for an ab initio re-examination of an application for asylum. The Special Committee formed under Article 3(5) of Presidential Decree 61/1999 gave a positive opinion because the Applicant had been involved in political activities in his country, as a Kurd, against the ruling regime; and that activity had increased during his stay in Greece. The application for asylum was rejected by the Minister for Public Order without any specific justification for deviating from the Special Committee's clear opinion. When assessing whether there is evidence that a person seeking recognition as a...
Date: 02-03-2011
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- Membership of a particular social group 151
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