ECRE is currently working on redeveloping the website. Visitors can still access the database and search for asylum-related judgments up until 2021.
You are here
Home › group persecution ›EDAL case summaries
Excerpt: rship of a particular social groupPersecution Grounds/Reasons … authority can be regarded as persecution within the meaning of Section … before state authorities.A group can be considered to be a particular …
Country of Decision: Slovakia
Country of Applicant: India
Keywords: Membership of a particular social group, Persecution Grounds/Reasons
The Supreme Court of the Slovak Republic held that only such threats to life or liberty as are tolerated, encouraged or accompanied by official authority can be regarded as persecution within the meaning of Section 8 of the Asylum Act, while problems with private individuals cannot be a ground for granting asylum, as long as the political system in the country of origin affords citizens the possibility of defending their rights before state authorities.A group can be considered to be a particular social group when the members of the ...
Date: 23-02-2010
Excerpt: not established that the persecution alleged against the applicants … “full evidence”) of persecution, however, a lower standard … alleging a well founded fear of persecution in Colombia on the grounds …
Country of Decision: Spain
Country of Applicant: Colombia
Keywords: Actors of protection, Burden of proof, Internal protection, Relevant Facts
The case concerned an appeal submitted before the Supreme Court against the decision of the High National Court to refuse refugee status on the grounds that it was not established that the persecution alleged against the applicants was individually and personally targeted. The Supreme Court found that the High National Court erred in requiring a higher standard of proof than what was needed. The High National Court had required the applicant to demonstrate ‘conclusive evidence’ (“full evidence”) of persecution, however, a lower standard of evidence was...
Date: 19-02-2010
Excerpt: Actor of persecution or serious harm
Actors of … protection
Membership of a particular social group
Non-state actors/agents ofpersecution
Protection
Real risk
Trafficking …
Country of Decision: United Kingdom
Country of Applicant: Albania
Keywords: Actor of persecution or serious harm, Actors of protection, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution, Protection, Real risk, Trafficking in human beings
The appellants argued that they were at risk of re-trafficking and would not find protection anywhere in Albania. The tribunal agreed, and laid down country guidance on the risks facing trafficked women and the absence of effective protection from these risks.
Date: 18-02-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Sexual orientation …
Country of Decision: France
Country of Applicant: Algeria
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Sexual orientation
In the situation which currently prevails in Algeria, while homosexuality is in some ways tolerated by society, as long as it is not explicitly expressed by the behaviour or the clothes, individuals who openly manifest their homosexuality may nevertheless be subjected to intimidation in their social environment and by the security forces. In addition, legislation punishes homosexuals by a prison sentence and a fine.
Date: 23-01-2010
Excerpt: on the basis of a fear of persecution because of his membership … Movement, an armed militant group. The applicant admitted that …
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Burden of proof, Real risk, Subsidiary Protection, Armed conflict, Indiscriminate violence, Individual threat, Serious harm
This case concerned the appropriate manner in which an application for subsidiary protection is to be decided where there may be at least an implicit claim of a “serious and individual threat” to the applicant by reason of indiscriminate violence. The Court found that Article 15(c) of the Directive does not impose a free-standing obligation on the Minister to investigate a possible armed conflict situation, it is for the applicant to make this claim and to make submissions and offer evidence establishing that he is from a place where there is a situation of...
Date: 14-01-2010
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group … are not a particular social group in the context of the refugee …
Country of Decision: Sweden
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Membership of a particular social group
Academics are not a particular social group in the context of the refugee definition.
Date: 22-12-2009
Excerpt: violence
Internal protection
Previous persecution … exist if a recurrence of past persecution is not expected and there … enhanced risk of first-time persecution of a similar kind. At present …
Country of Decision: Germany
Country of Applicant: Russia, Russia (Chechnya)
Keywords: Subsidiary Protection, Serious harm, Individual threat, Indiscriminate violence, Internal protection, Previous persecution
“Good reasons,” as defined in Art 4.4 of the Qualification Directive exist if a recurrence of past persecution is not expected and there is no enhanced risk of first-time persecution of a similar kind. At present, there are “good reasons” to consider persecution of Chechens who return to Chechnya, unless they belong to a particular risk group, will not be repeated.
Date: 27-11-2009
Excerpt: Persecution Grounds/Reasons
Race
Nationality
Membership … Grounds/Reasons
Race
Nationality
Membership of a particular social group
Gender BasedPersecution
Humanitarian considerations
Internal … that belonged to minority groups. Her neighbours took her …
Country of Decision: Hungary
Country of Applicant: Somalia
Keywords: Persecution Grounds/Reasons, Race, Nationality, Membership of a particular social group, Gender Based Persecution, Humanitarian considerations, Internal protection, Medical Reports/Medico-legal Reports
The decision of the asylum authority was annulled on the basis that there was insufficient evidence that an internal protection alternative existed.
Date: 15-10-2009
Excerpt: Nigeria, claimed to have been persecuted by the Ozu ethnicgroup due to his refusal to join …
Country of Decision: Ireland
Country of Applicant: Nigeria
Keywords: Assessment of facts and circumstances, Country of origin information, Credibility assessment, Subsidiary Protection, Effective remedy (right to)
The applicant complained that the refusal to recommend refugee status at first instance contained errors such that on appeal the “core claim” was effectively being heard for the first time, and further the subsidiary protection assessment was not in compliance with statutory requirements which gave effect to the Qualification Directive; and that he should have had a chance to comment on country of origin information used in the assessment of his application.
Date: 09-10-2009
Excerpt: rship of a particular social group
Subsidiary Protection
Internal … membership of a particular social group. It was found that the treatment … he would be subjected to persecution on return.The personal threat …
Country of Decision: Sweden
Country of Applicant: Somalia
Keywords: Membership of a particular social group, Subsidiary Protection, Internal armed conflict, Internal protection
This case concerned the criteria that needed to be fulfilled in order to establish the existence of an internal armed conflict. It was held that in Somalia’s capital, Mogadishu, at the time of this decision, a state of internal armed conflict was found to exist without an internal protection alternative. The applicant was therefore considered in need of protection.
Date: 06-10-2009
Pages
Languages
Current search
Search found 248 items
- group persecution
Filter by case summary type
Filter by applicable legal provisions
Filter by keywords
- Membership of a particular social group 151
- Persecution Grounds/Reasons 123
- Credibility assessment 66
- Gender Based Persecution 51
- Internal protection 51
- Refugee Status 49
- Country of origin information 47
- Non-state actors/agents of persecution 47
- Persecution (acts of) 44
- Assessment of facts and circumstances 43
- Well-founded fear 39
- Subsidiary Protection 36
- Political Opinion 33
- Actor of persecution or serious harm 32
- Inhuman or degrading treatment or punishment 32
- Previous persecution 31
- Real risk 31
- Sexual orientation 28
- Discrimination 27
- Religion 27
- Burden of proof 24
- Standard of proof 24
- Actors of protection 23
- Protection 23
- Personal circumstances of applicant 21
- Relevant Facts 19
- Individual assessment 17
- Indiscriminate violence 15
- Individual threat 15
- Internal armed conflict 13
- Obligation to give reasons 13
- Procedural guarantees 13
- Race 13
- Relevant Documentation 13
- Child Specific Considerations 12
- Effective remedy (right to) 12
- Serious harm 12
- Armed conflict 11
- Medical Reports/Medico-legal Reports 10
- Refugee sur place 10
- Unaccompanied minor 10
- Female genital mutilation 9
- Humanitarian considerations 9
- Personal interview 9
- Safe country of origin 9
- Torture 9
- Best interest of the child 7
- Country of origin 7
- Exclusion from protection 7
- Non-refoulement 7
- Subsequent application 7
- Detention 6
- Safe third country 6
- Trafficking in human beings 6
- Duty of applicant 5
- Family unity (right to) 5
- Legal assistance / Legal representation / Legal aid 5
- Manifestly unfounded application 5
- Access to the labour market 4
- Acts contrary to the purposes and principles of the UN 4
- Effective access to procedures 4
- Nationality 4
- Terrorism 4
- Benefit of doubt 3
- Circumstances ceased to exist 3
- Crime against humanity 3
- Family member 3
- Final decision 3
- Reception conditions 3
- Vulnerable person 3
- Accelerated procedure 2
- Accommodation centre 2
- Death penalty / Execution 2
- Dependant (Dependent person) 2
- International armed conflict 2
- Obligation/Duty to cooperate 2
- Return 2
- Revocation of protection status 2
- Right to remain pending a decision (Suspensive effect) 2
- Serious non-political crime 2
- Stateless person 2
- War crimes 2
- Country of former habitual residence 1
- Dublin Transfer 1
- Education (right to) 1
- Family reunification 1
- First country of asylum 1
- Health (right to) 1
- Inadmissible application 1
- Indirect refoulement 1
Filter by date
Filter by country of applicant
- Afghanistan 24
- Iraq 22
- Iran 19
- Nigeria 19
- Russia 18
- Somalia 11
- Colombia 8
- Pakistan 8
- Guinea 7
- Russia (Chechnya) 7
- Turkey 7
- Algeria 6
- Sudan 6
- Syria 6
- Albania 5
- Cameroon 5
- Ivory Coast 5
- Uganda 5
- Bangladesh 4
- Kosovo 4
- Sri Lanka 4
- China 3
- Congo (DRC) 3
- Lebanon 3
- Mauritania 3
- Sierra Leone 3
- Ukraine 3
- Armenia 2
- Egypt 2
- Ethiopia 2
- Gambia 2
- Ghana 2
- Morocco 2
- Senegal 2
- Serbia 2
- Azerbaijan 1
- Brazil 1
- China (Tibet) 1
- Croatia 1
- Cyprus 1
- Eritrea 1
- India 1
- Kazakhstan 1
- Kenya 1
- Kuwait 1
- Kyrgyzstan 1
- Macedonia 1
- Moldova 1
- Mongolia 1
- Montenegro 1
- Nepal 1
- Niger 1
- Palestinian Territory 1
- Rwanda 1
- South Africa 1
- Togo 1
- Tunisia 1
- United States 1
- Unknown 1
- Vietnam 1
