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EDAL case summaries

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Czech Republic - Supreme Administrative Court, 29 April 2009, S.H. v. Ministry of Interior, 2 Azs 13/2009-60

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Actor ofpersecution or serious harm … meaning of a particular social group and that he should be afforded …
Country of Decision: Czech Republic
Country of Applicant: Kosovo
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actor of persecution or serious harm
This case concerned an appeal against a decision of the Ministry of Interior (MOI) refusing a claim for international protection from a Kosovan applicant who argued that his special skill as a kick boxer would place him within the meaning of a particular social group and that he should be afforded the protection within the Refugee Convention. It was found that the applicant did not belong to any particular social group and he could find protection in his country of origin.
Date: 29-04-2009

Germany - Federal Administrative Court, 21 April 2009, 10 C 11.08

Excerpt: Persecution Grounds/Reasons Religion Membership … Grounds/Reasons Religion Membership of a particular social group Burden of proof Internal … protection Non-state actors/agents of persecution …
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Religion, Membership of a particular social group, Burden of proof, Internal protection, Non-state actors/agents of persecution, Persecution (acts of)
This case concerned the assessment of "group" persecution against Arab Sunnites in Iraq. In order to establish the existence of group persecution it is necessary to at least approximately determine the number of acts of persecution and to link them to the entire group of persons affected by that persecution ( "density of persecution"). Acts of persecution not related to the characteristics relevant to asylum (reasons for...
Date: 21-04-2009

France - CNDA, 6 April 2009, Mr. K., n°616907

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Actors of protection … constitute a particular social group …
Country of Decision: France
Country of Applicant: Kosovo
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actors of protection
While Kosovan legislation prohibits any discrimination based on sexual orientation since 2004, persons who publicly acknowledge their homosexuality and demonstrate it in their external behavior regularly face de facto harassment and discrimination, without being able to avail themselves of the protection of the authorities. They constitute a particular social group.
Date: 06-04-2009

Hungary - Metropolitan Court, 16 March 2009, 24. K. 33.913/2008/9

Excerpt: Actor of persecution or serious harm Inhuman … conflict Membership of a particular social group Subsidiary Protection … being released, another armed group put him under surveillance …
Country of Decision: Hungary
Country of Applicant: Iraq
Keywords: Actor of persecution or serious harm, Inhuman or degrading treatment or punishment, Internal armed conflict, Membership of a particular social group, Subsidiary Protection

The Court replaced the decision of the OIN to allow the Applicant to remain on non-refoulement grounds (i.e. tolerated status), with a decision to grant the Applicant subsidiary protection status on the grounds that he would be at risk of serious harm on return to his home country (indiscriminate violence).
Date: 16-03-2009

Germany - High Administrative Court of Berlin & Brandenburg, 3 March 2009, 3 B 16.08

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Internal protection … of whether Chechens were persecuted as agroup, refugee status was excluded …
Country of Decision: Germany
Country of Applicant: Russia, Russia (Chechnya)
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Internal protection
The High Administrative Court decided that refugee status had been unlawfully granted to a Chechen. Regardless of the issue of whether Chechens were persecuted as a group, refugee status was excluded since the applicant had access to internal protection in other parts of the Russian Federation.
Date: 03-03-2009

Poland - Supreme Administrative Court of Poland, 18 February 2009, II OSK 247/08

Excerpt: information Gender Based Persecution Internal protection Membership … protection Membership of a particular social group Non-state actors/agents ofpersecution … recognised on grounds of a risk of persecution by non-state actors, it needs …
Country of Decision: Poland
Country of Applicant: Russia
Keywords: Actors of protection, Country of origin information, Gender Based Persecution, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution
The accusation of a breach of the individual's right to information about the rules and procedures of the refugee status proceedings and about the rights and obligations of the applicant was unfounded, as the application form for refugee status contained this information and was signed by the individual in question to acknowledge that she had been duly informed.For refugee status to be recognised on grounds of a risk of persecution by non-state actors, it needs to be shown that this risk is linked to persecution grounds listed in the Convention.'...
Date: 18-02-2009

Spain – Supreme Court, 16 February 2009, 6894/2005

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Actor ofpersecution or serious harm Credibility … children claimed asylum alleging persecution on the basis of membership …
Country of Decision: Spain
Country of Applicant: Colombia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Actor of persecution or serious harm, Credibility assessment, Internal protection, Relevant Documentation
The Applicant appealed before the Supreme Court against the decision of the High National Court to reject his application for refugee status. The applicant, his wife and their children claimed asylum alleging persecution on the basis of membership of a particular social group. Their claim was rejected at first instance on the grounds that the facts presented lacked credibility and the applicants could avail themselves of an internal protection alternative. On appeal before the Supreme Court, the decision of the High National Court was revoked and refugee...
Date: 16-02-2009

Czech Republic - Supreme Administrative Court, 4 February 2009, R.S. v. Ministry of the Interior, 3 Azs 75/2008-109

Excerpt: facts and circumstances Persecution Grounds/Reasons Protection Real … be a causal link between persecution and the grounds forpersecution when assessing the conditions … qualifies as a ground of persecution.  …
Country of Decision: Czech Republic
Country of Applicant: Sri Lanka
Keywords: Armed conflict, Assessment of facts and circumstances, Persecution Grounds/Reasons, Protection, Real risk, Refugee Status, Subsidiary Protection
Unlike with subsidiary protection, it is necessary for there to be a causal link between persecution and the grounds for persecution when assessing the conditions for granting asylum. The fact that a conflict between LTTE and governmental armed units affected Tamil civilians does not mean nationality qualifies as a ground of persecution. 
Date: 04-02-2009

Germany - Federal Administrative Court, 19 January 2009, 10 C 52.07

Excerpt: Actor of persecution or serious harm Internal … harm Internal protection Previous persecution Standard of proof … The term "act of persecution" within the meaning of the …
Country of Decision: Germany
Country of Applicant: Russia, Russia (Chechnya)
Keywords: Actor of persecution or serious harm, Internal protection, Previous persecution, Standard of proof
The term "act of persecution" within the meaning of the Qualification Directive requires that an intentional infringement of a basic right as defined in Art. 9.1 of the Qualification Directive takes place. If the applicant has suffered past persecution (before his/her flight), it is no longer possible to deny refugee status solely on the ground that an internal protection alternative had existed in another part of the country of origin at the time of the flight (change of legal situation in the light of Art. 4.4 of the Qualification Directive).   
Date: 19-01-2009

Hungary – Metropolitan Court, 16 January 2009, L.M.N. v. Office of Immigration and Nationality, 17.K.32.826/2007/15

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Credibility assessment Gender … assessment Gender Based Persecution Internal protection Female …
Country of Decision: Hungary
Country of Applicant: Kenya
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Credibility assessment, Gender Based Persecution, Internal protection, Female genital mutilation
The Kenyan applicant was a potential victim of female genital mutilation (FGM) and she faced forced marriage upon return. The Court stated that even if there was a risk of persecution in case of a return to the country of origin, the applicant could reasonably be expected to relocate internally as it was feasible in the circumstances.
Date: 16-01-2009

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