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Excerpt: Gender Based Persecution
Refugee Status
Child Specific … argued that the Fula ethnic group to which she belongs is traditionally …
Country of Decision: Sweden
Country of Applicant: Nigeria, Senegal
Keywords: Gender Based Persecution, Refugee Status, Child Specific Considerations, Family unity (right to), Safe third country
The Migration Board accepted the applicant and her children were in need of international protection as refugees in relation to Senegal but claimed that they could obtain protection in Nigeria (considered a safe third country). The Migration Court upheld the applicant’s appeal stating that once a case has been examined in substance in relation to a country of origin and protection needs ascertained it is not possible subsequently to refuse protection by referring to a safe third country. Cases concerning safe third countries must be dismissed in accordance with Art 25.2(c) of the Asylum...
Date: 04-11-2010
Excerpt: Persecution Grounds/Reasons
Race
Nationality
Inhuman … claiming to have suffered persecution in Bangladesh on the grounds … grounds of membership of a group (the Beharies) determined …
Country of Decision: Spain
Country of Applicant: Bangladesh
Keywords: Persecution Grounds/Reasons, Race, Nationality, Inhuman or degrading treatment or punishment, Armed conflict, Discrimination, Humanitarian considerations, Stateless person
The applicant sought asylum in Spain claiming to have suffered persecution in Bangladesh on the grounds of membership of a group (the Beharies) determined by its ethnic identity. This persecution intensified when the war with Pakistan broke out. The Ministry of Interior refused the application which was appealed by the applicant to the High National Court. This court examined if persecution under the 1951 Refugee Convention could be established, beyond a case of discrimination.
Date: 03-11-2010
Excerpt: Persecution Grounds/Reasons
Race
Subsidiary … sufficient to justify his fears of persecution considering the situation … destruction of a specific ethnic group is pursued, since the civilians …
Country of Decision: France
Country of Applicant: Sri Lanka
Keywords: Persecution Grounds/Reasons, Race, Subsidiary Protection, Inhuman or degrading treatment or punishment, Indiscriminate violence, Internal armed conflict
The situation of generalised violence resulting from a situation of internal armed conflict ended after the victory of the Sri Lankan army over the LTTE in May 2009. Furthermore, the fact that the applicant belonged to the Tamil community was not sufficient to justify his fears of persecution considering the situation which prevails in Sri Lanka, which cannot be seen as characterising a situation in which the destruction of a specific ethnic group is pursued, since the civilians of Tamil origin are not targeted for persecution by the...
Date: 02-11-2010
Excerpt: risk, are not at risk of persecution in the Russian Federation … membership of their ethnic group. Therefore it can basically …
Country of Decision: Germany
Country of Applicant: Russia, Russia (Chechnya)
Keywords: Internal protection
Chechens, who do not have particular characteristics putting them at risk, are not at risk of persecution in the Russian Federation due to their membership of their ethnic group. Therefore it can basically be assumed that other parts of the Russian Federation provide an internal protection alternative.
Date: 26-10-2010
Excerpt: towards a particular social group does not amount topersecution for a 1951 Refugee Convention … to protect members of the group from such ill-treatment.The … basis that he was at risk of persecution as a Christian from Kaduna …
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Discrimination, Non-refoulement
This applicant in this case was HIV positive. He was receiving treatment in Ireland while he was an asylum-seeker. Challenging a deportation order made against him, he claimed that he would be exposed to serious discrimination and stigmatisation in Nigeria and would have difficulty accessing treatment in public hospitals because of discriminatory attitudes of medical staff towards persons with HIV/AIDS.The Court held that an inferior standard of medical treatment resulting from discriminatory attitudes towards a particular social group does not amount to persecution...
Date: 22-10-2010
Excerpt: rship of a particular social group
Actor ofpersecution or serious harm
Actors of … protection
Gender Based Persecution
Non-state actors/agents ofpersecution
Protection … concept of “particular social group." The CALL held that persons …
Country of Decision: Belgium
Country of Applicant: Macedonia
Keywords: Membership of a particular social group, Actor of persecution or serious harm, Actors of protection, Gender Based Persecution, Non-state actors/agents of persecution, Protection
This case concerned the concept of “particular social group." The CALL held that persons of the same sex can, in certain societies, be considered as a “particular social group.” The applicant, a victim of forced prostitution, was granted international protection on the basis of her belonging to the social group of women.
Date: 20-10-2010
Excerpt: alleging a well founded fear of persecution on the grounds of political … from the same paramilitary group that caused their son to …
Country of Decision: Spain
Country of Applicant: Colombia
Keywords: Family unity (right to)
This appeal challenged a negative decision of the Ministry of Interior to refuse family refugee status extension to the applicants whose son was granted refugee status in 2006.
Date: 28-09-2010
Excerpt: Actor of persecution or serious harm
Gender Based … serious harm
Gender Based Persecution
Membership of a particular … rship of a particular social group
Non-state actors/agents of …
Country of Decision: Poland
Keywords: Actor of persecution or serious harm, Gender Based Persecution, Membership of a particular social group, Non-state actors/agents of persecution, Religion, Trafficking in human beings, Well-founded fear
Although gender based persecution is not expressly mentioned among the reasons for recognising refugee status, the UNHCR Guidelines on claims to refugee status in cases involving gender based persecution, as cited by the Applicant, indicate that gender based persecution falls within the broader category of persecution for reasons of membership of a particular social group.Although physical persons acting on their own behalf do not constitute typical perpetrators of persecution, they may be...
Date: 08-09-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Political Opinion
Country … assessment
Discrimination
Persecution (acts of …
Country of Decision: Sweden
Country of Applicant: Kuwait
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Country of origin information, Credibility assessment, Discrimination, Persecution (acts of)
Bidoons in Kuwait are not issued with ID documents and are denied work, school and medical care. Despite the quality of the documents the applicant submitted he was considered to have established his affiliation as an unregistered Bidoon. The Court found that he had a well-founded fear of being subjected to further persecution as an unregistered Bidoon and that he qualified for refugee status. He was granted permanent residence as a refugee.
Date: 13-07-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Discrimination
Non-state … Non-state actors/agents of persecution …
Country of Decision: United Kingdom
Country of Applicant: Cameroon, Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Discrimination, Non-state actors/agents of persecution, Persecution (acts of), Sexual orientation
Homosexuals are members of a particular social group being defined by the immutable characteristic of their sexuality. Asylum should not be refused to a homosexual person on the basis that it could be considered reasonably tolerable, if returned to their home country, for him or her to deny their identity and conceal their sexuality in order to avoid being persecuted.
Date: 07-07-2010
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- Membership of a particular social group 151
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