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EDAL case summaries

Austria - Asylum Court, 24 February 2011, A4 213316-0/2008

Excerpt: Actor of persecution or serious harm Actors of … protection Discrimination Gender Based Persecution Membership of a particular … rship of a particular social group Non-state actors/agents of …
Country of Decision: Austria
Country of Applicant: Egypt
Keywords: Actor of persecution or serious harm, Actors of protection, Discrimination, Gender Based Persecution, Membership of a particular social group, Non-state actors/agents of persecution, Persecution (acts of), Refugee Status, Refugee sur place, Sexual orientation

An Egyptian transgender woman, who first underwent gender reassignment surgery and hormone treatment in Austria, was recognised as a refugee as it was accepted that there were problems with the police,  a refusal to issue her a passport using her new personal data and social issues of an intensity relevant to asylum matters.
Date: 24-02-2011

UK - Court of Appeal, 22 February 2011, PO (Nigeria) v Secretary of State for the Home Department [2011] EWCA Civ 132

Excerpt: findings that PO was at risk of persecution in her home area, and that … member of a particular social group and other findings quite …
Country of Decision: United Kingdom
Country of Applicant: Nigeria
Keywords: Country of origin information, Procedural guarantees, Trafficking in human beings
This case concerned the manner in which Country Guidance case law is reported in the UK, particularly with reference to the reporting of the headnote and, as in this case, the inversion of the guidance. The factual consideration of this case considered whether there was sufficient protection for victims of human trafficking.
Date: 22-02-2011

Sweden - Migration Court of Appeal, 18 February 2011, UM 9899-09

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Country of origin information Credibility … considered "a particular social group". It was found that they …
Country of Decision: Sweden
Country of Applicant: Russia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Country of origin information, Credibility assessment, Standard of proof
This case considered whether or not members of the Judiciary could be considered "a particular social group". It was found that they could not. The applicant did not convince the Court that on her return to Russia she would risk an unfair trial or unjust deprivation of liberty as a result of false allegations of bribery and knowingly handing down wrong decisions in court. The Court of Appeal considered that conditions in Russian prisons in general are not so severe as to warrant international protection.
Date: 18-02-2011

Hungary - Metropolitan Court, 4 February 2011, S.M.R. v. Office of Immigration and Nationality, 17.K.30.302/2010/18-II

Excerpt: Persecution Grounds/Reasons Religion Political … were linked to Christian groups that later led to their conversion …
Country of Decision: Hungary
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Religion, Political Opinion, Assessment of facts and circumstances, Burden of proof, Country of origin information, Credibility assessment, Personal interview

The Iranian applicants’ asylum claim was rejected by the authorities as they were not found credible. As a result of this finding, the authorities did not consider their account in light of the country of origin information on Iran. The court quashed the decision and granted refugee status to the family reasoning that the authorities are obliged to carry out a thorough and complete fact assessment.

It was found that the contradictions in the applicants' account were not relevant from the point of view of international protection. The court also ruled that the authority is obliged to...
Date: 04-02-2011

Germany - Administrative Court Stuttgart, 18 January 2011, A 6 K 615/10

Excerpt: Gender Based PersecutionPersecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Assessment of facts and … assessment Non-state actors/agents of persecution Personal circumstances of …
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Gender Based Persecution, 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, Personal circumstances of applicant
An unmarried woman with a “Western“ lifestyle, who is not religious and has no financial means, is at risk of gender based persecution by non-State actors in case of return to Iraq (continuation of the court’s case law, compare decision of 26 June 2007. A 6 K 394/07)
Date: 18-01-2011

Spain - High National Court, 29 December 2010, 365/2010

Excerpt: Persecution Grounds/Reasons Political … ceased to exist Previous persecution … based on the fact that the persecution occurred in the past, the …
Country of Decision: Spain
Country of Applicant: Togo
Keywords: Persecution Grounds/Reasons, Political Opinion, Armed conflict, Circumstances ceased to exist, Previous persecution
The applicant lodged an appeal before the High National Court against the decision to reject his asylum application in the preliminary examination phase. The application was rejected based on the fact that the persecution occurred in the past, the applicant had no current need for protection, and that the circumstances in the country of origin had changed. The applicant appealed stating that he had been granted “prima facie” refugee status by the UNHCR in Benin upon fleeing Togo. The High National Court stated that UNHCR certification did not amount to sufficient evidence of...
Date: 29-12-2010

France - CNDA, 23 December 2010, Miss D., n°09011388

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Political Opinion Subsidiary … punishment Gender Based Persecution …
Country of Decision: France
Country of Applicant: Guinea
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Subsidiary Protection, Inhuman or degrading treatment or punishment, Gender Based Persecution
A group shall be considered as a particular social group where, in particular, members of that group share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society, and membership of that group is established where the attitude...
Date: 23-12-2010

UK - Court of Appeal, 10 December 2010, Secretary of State for the Home Department v DD (Afghanistan) [2010] EWCA Civ 1407

Excerpt: activities for insurgent groups in Afghanistan could constitute … accepted that he was at risk of persecution or serious harm in Afghanistan.  …
Country of Decision: United Kingdom
Country of Applicant: Afghanistan
Keywords: Acts contrary to the purposes and principles of the UN, Exclusion from protection, Terrorism
The Court considered how to assess whether an applicant’s activities for insurgent groups in Afghanistan could constitute terrorism. It further considered whether attacks upon United Nations Security Council mandated forces, such as ISAF in Afghanistan, were acts contrary to the purposes and principles of the United Nations, justifying exclusion from the 1951 Refugee Convention under Article 1F(c).
Date: 10-12-2010

Germany - High Administrative Court Baden-Wurttemberg, 1 December 2010, A 2 S 1898/10

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Political Opinion … The group of “Iraqi citizens who …
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion
The group of “Iraqi citizens who cooperate with the coalition forces” in Iraq is not to be characterised as a “social group” within the meaning of the Qualification Directive (confirmation of decision of Administrative Court of Karlsruhe of the 16 April 2010, A 10 K 523/08). It cannot be assumed that any kind of cooperation with the coalition forces is an expression of a certain political conviction or that Islamist terrorist organisations would have an understanding of this kind of cooperation.
Date: 01-12-2010

Germany - Administrative Court Frankfurt / Oder, 11 November 2010, VG 4 K 772/10.A

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Discrimination Sexual orien … applicant was deemed at risk of persecution due to his homosexuality …
Country of Decision: Germany
Country of Applicant: Cameroon
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Discrimination, Sexual orientation
Refugee status was granted as the applicant was deemed at risk of persecution due to his homosexuality. The court found that homosexuals constitute a particular social group in Cameroon according to Section 60 (1) of the Residence Act / Art 10.1 (d) of the Qualification Directive. According to the Qualification Directive, sexual orientation does not only constitute an unchangeable characteristic, but is so fundamental to the identity of a person that he/she should not be forced to denounce it. That means that under the Qualification Directive it is no longer...
Date: 11-11-2010

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