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Excerpt: Persecution Grounds/Reasons
Political … armed conflict
Gender Based Persecution
Medical Reports/Medico-legal … alleging a well founded fear of persecution on the grounds of political …
Country of Decision: Spain
Country of Applicant: Colombia
Keywords: Persecution Grounds/Reasons, Political Opinion, Subsidiary Protection, Individual threat, Indiscriminate violence, Internal armed conflict, Gender Based Persecution, Medical Reports/Medico-legal Reports
The applicant claimed asylum in 2006 (along with her children) alleging a well founded fear of persecution on the grounds of political opinion. The application was refused in the initial procedure and on appeal. She returned to Colombia and two years later, returned to Spain and reapplied for asylum and was again refused. She lodged an appeal before the Supreme Court and was granted subsidiary protection.
Date: 30-06-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Political Opinion … membership of a particular social group …
Country of Decision: France
Country of Applicant: Afghanistan
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion
The involvement in a State regular police force does not constitute, in itself, the expression of political opinions or the membership of a particular social group.
Date: 14-06-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Subsidiary Protection
Real … armed conflict
Gender Based Persecution
Humanitarian considerations …
Country of Decision: Finland
Country of Applicant: Somalia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Subsidiary Protection, Real risk, Serious harm, Indiscriminate violence, Internal armed conflict, Gender Based Persecution, Humanitarian considerations
The Helsinki Administrative Court found that a female minor from a town near Mogadishu was in need of subsidiary protection. The Court held that to return home the applicant would have to travel via Mogadishu which would place her at serious and personal risk due to the nature of the armed conflict.
Date: 28-05-2010
Excerpt: Gender Based PersecutionPersecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Political Opinion
Subsidiary … be considered as political persecution according to Section 60 (1 …
Country of Decision: Germany
Country of Applicant: Nigeria
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Political Opinion, Subsidiary Protection, Assessment of facts and circumstances, Country of origin information, Personal circumstances of applicant
In principle, a threat of female genital mutilation (FGM) has to be considered as political persecution according to Section 60 (1) Residence Act.In Nigeria, FGM is still widespread in all known forms. For the Edo ethnic group, it is usually performed between seven and fourteen days after birth.The number of circumcisions performed (among the Edo ethnic group) during puberty has decreased significantly in recent years and circumcisions in adulthood are no longer performed, or they are only carried out in a small number of cases.In the...
Date: 10-05-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Burden of proof
Previouspersecution
Standard of proof … of the particular social group of "Djoula living in the …
Country of Decision: Germany
Country of Applicant: Ivory Coast
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Burden of proof, Previous persecution, Standard of proof
Refugee protection was not granted, since the applicant, as a member of the particular social group of "Djoula living in the South of Côte d’Ivoire" (Art 10.1(d) Qualification Directive) was not subject to political persecution when he left Côte d’Ivoire in 2001. The court found that group persecution was not established due to the insufficient frequency of acts of persecution against members of this group and therefore in case of return, the applicant would not face such ...
Date: 22-04-2010
Excerpt: Gender Based PersecutionPersecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Refugee sur place
Subsequent … claimed that she would face persecution and risked honour-related …
Country of Decision: Sweden
Country of Applicant: Turkey
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Refugee sur place, Subsequent application
The applicant could not provide sufficient proof of her claims that she had been subject to honour-related violence. The information was not found credible and did not constitute a permanent impediment for the enforcement of an expulsion order.
Date: 19-04-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Subsidiary Protection
Real … forces do not form a “social group” within the meaning of …
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Subsidiary Protection, Real risk, Serious harm, Individual threat, Indiscriminate violence, Internal armed conflict, Internal protection
Threats from terrorists against a person who has worked for the international forces in Iraq do not justify the granting of refugee status. Iraqi citizens who have cooperated with the occupying forces do not form a “social group” within the meaning of the Qualification Directive. However, the applicant is entitled to subsidiary protection since there is an armed conflict in the Nineveh region and because the threats by terrorists experienced in the past constitute individual “risk-enhancing” circumstances.
Date: 16-04-2010
Excerpt: Exclusion from protection
Persecution Grounds/Reasons
Political … belonging to Islamic terrorist groups. The Appellant pointed out … degrading treatment to amount to persecution. The Appellant had been condemned …
Country of Decision: Slovakia
Country of Applicant: Algeria
Keywords: Exclusion from protection, Persecution Grounds/Reasons, Political Opinion, Terrorism
Even if an asylum applicant meets the conditions for provding subsidiary protection, he will be excluded from eligibility for subsidiary protection if there are serious grounds for believing that he represents a danger to society or a danger to the Member State in which he is staying.
It follows from the decision of the European Court of Human Rights that signatory states to the Convention (Convention for theProtection of Human Rights and Fundamental Freedoms) are under an obligation not to hand over/deport a person to a country where he might be at risk of treatment which is...
Date: 30-03-2010
Excerpt: Gender Based PersecutionPersecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Subsidiary Protection
Actors … found to have shown a risk of persecution or of being in need of subsidiary …
Country of Decision: Sweden
Country of Applicant: Montenegro
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Subsidiary Protection, Actors of protection
Sexual violence, assault and forced prostitution was not considered sufficient for subsidiary protection to be granted since it had not been shown that the authorities lacked will or were unable to offer protection.
Date: 17-03-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Subsidiary Protection
Assessment … information
Gender Based Persecution
Personal circumstances of …
Country of Decision: Germany
Country of Applicant: Nigeria
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Subsidiary Protection, Assessment of facts and circumstances, Country of origin information, Gender Based Persecution, Personal circumstances of applicant
A single woman from Nigeria (Urhobo) was eligible for protection from deportation under Section 60 (7) sentence (1) of the Residence Act due to a threat of female genital mutilation (FGM) and forced marriage. The economic and social situation in Nigeria is difficult and tense even for the vast majority of the population. The situation is much worse for single women as women in Nigeria are exposed to multiple discrimination. To a large extent they are under legal incapacity, so that in practice they are only in a position to protect their own interests if they are supported by their family...
Date: 15-03-2010
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- Membership of a particular social group 151
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