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Excerpt: asylum seeker after alleged persecution in Sudan. He stressed his … the government opposition group The Justice and Equality … indicated that his allegations of persecution were unfounded.On 17 March …
Country of Applicant: Sudan
Keywords: Inhuman or degrading treatment or punishment, Political Opinion
A man of Arab ethnicity and Sudanese nationality sought refuge in Sweden as an asylum seeker after alleged persecution in Sudan. He stressed his involvement in political activities whilst in exile and the risk to his life deportation would pose. He claimed asylum on the basis that refusal would be in violation of Articles 2 and 3 of the Convention which the ECtHR denied.
Date: 30-05-2017
Excerpt: Actor of persecution or serious harm
Country … conflict
Membership of a particular social groupPersecution Grounds/Reasons
Refugee … and individually at risk of persecution.The applicant thus fulfilled …
Country of Decision: Denmark
Country of Applicant: Syria
Keywords: Actor of persecution or serious harm, Country of origin information, Family member, Internal armed conflict, Membership of a particular social group, Persecution Grounds/Reasons, Refugee Status, Relevant Facts
The applicant, an ethnic Kurd and a Sunni Muslim from Aleppo, Syria was granted temporary protection under the Danish Aliens Act Art. 7 (3).A complaint to the Refugee Appeals Board was lodged claiming refugee status under the Danish Aliens Act Art 7 (1), alternatively subsidiary protection under the Danish Aliens Act Art 7 (2).The applicants mother was granted refugee status under the Danish Aliens Act Art. 7 (1) due to her work in a health clinic treating injured insurgents.The majority of the Board, referring to country of origin information, found that the applicant, as part of the mother...
Date: 10-05-2017
Excerpt: circumstances
Benefit of doubt
Persecution Grounds/Reasons
Political … to Sudan, was at risk of persecution and granted the applicant … International’s Medical Group stating that the applicants …
Country of Decision: Denmark
Country of Applicant: Sudan
Keywords: Assessment of facts and circumstances, Benefit of doubt, Persecution Grounds/Reasons, Political Opinion, Real risk, Relevant Documentation, Relevant Facts, Torture, Well-founded fear
The applicant, an ethnic Al-Bagal and Sunni Muslim from Moraya, Nyala, Darfur, Sudan feared imprisonment or execution by the Sudanese authorities. According to the applicant’s account he had been imprisoned for alleged political activities for a total of 18 months during which he was tortured. Subsequently, he was regularly harassed by the Intelligence Service.The Danish Immigration Service rejected the asylum application in July 2016.On 29 November 2016, the Refugee Appeals Board upheld the decision of the Danish Immigration Service. The majority of the Board did not find to a sufficient...
Date: 22-02-2017
Excerpt: Ireland due to his fear of persecution should he remain in his native … country. His fear of persecution is based on his membership … within a particular social group, that being his family, and …
Country of Decision: Ireland
Country of Applicant: Congo (DRC)
Keywords: Burden of proof, Country of origin information, Credibility assessment
An application, by way of judicial review, for an order of certiorari to quash the decision of the second named defendant (that being the International Protection Appeals Tribunal) on the basis of the application of the incorrect standard of proof being applied, credibility assessment and disregard of notice of appeal and country of origin information.
Date: 15-02-2017
Excerpt: Actor of persecution or serious harm
Credibility … assessment
Gender Based Persecution
Membership of a particular … rship of a particular social group …
Country of Decision: France
Country of Applicant: Ivory Coast
Keywords: Actor of persecution or serious harm, Credibility assessment, Gender Based Persecution, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Sexual orientation
Granting someone a refugee status for fear of persecution based on belonging to a social group due to his sexual orientation, cannot be linked to the fact that his sexual orientation has, or not, been made public. Indeed, a social group is instituted by how society perceive those in the group.An individual applying for asylum does not have, in order to avoid persecutions in his country, to hide his sexual orientation.In order to prove the risk of persecution, there is no requirement that...
Date: 08-02-2017
Excerpt: circumstances
Non-state actors/agents of persecutionPersecution Grounds/Reasons
Political … of [A]. [Two days later] a group of men in police uniforms …
Country of Decision: Denmark
Country of Applicant: Iraq
Keywords: Assessment of facts and circumstances, Non-state actors/agents of persecution, Persecution Grounds/Reasons, Political Opinion, Real risk, Relevant Documentation, Relevant Facts, Religion, Well-founded fear
The applicant, an ethnic Arab and a Sunni Muslim from Baghdad, who had worked in a firm with foreign connections in the Green Zone, had received threats from a Shia militia and his brother was abducted during a search for him at his home.
The Board found that the applicant, if returned to Iraq, was in real risk of suffering serious harm.
The Board did not find reason for granting refugee status under the Danish Aliens Act Art. 7 (1). The Board therefore granted subsidiary protection under the Danish Aliens Act Art. 7 (2).
Date: 25-01-2017
Excerpt: information
Gender Based Persecution
Internal protection
Membership … protection
Membership of a particular social group
Non-state actors/agents ofpersecution … to the particular social group of “widows in risk of forced …
Country of Decision: Denmark
Country of Applicant: Afghanistan
Keywords: Country of origin information, Gender Based Persecution, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution
The applicant was granted refugee status under the Danish Aliens Act Art. 7 (1) because of the threat of forced marriage in Afghanistan. The applicant belonged to the particular social group of “widows in risk of forced marriage”. The Afghan State is neither willing nor able to protect women against persecution in case of forced marriage. Internal protection was not available to the applicant.
Date: 16-01-2017
Excerpt: to)
Humanitarian considerations
Persecution (acts of)
Race
Relevant … its approach to determining persecution. The Supreme Court allowed … member’s finding of no risk of persecution was not unreasonable (within …
Country of Decision: Ireland
Country of Applicant: Serbia
Keywords: Country of origin information, Discrimination, Education (right to), Humanitarian considerations, Persecution (acts of), Race, Relevant Facts
In this case, the Supreme Court allowed the State’s appeal against a High Court Judgment in which the Refugee Appeals Tribunal was found to have erred in law in its approach to determining persecution. The Supreme Court allowed the State’s appeal on the basis that the tribunal member’s finding of no risk of persecution was not unreasonable (within the applicable standards of judicial review) and that the High Court was incorrect in finding that the extent of educational discrimination at issue in this case met the threshold of persecution...
Date: 21-12-2016
Excerpt: assessment
Membership of a particular social group
Non-state actors/agents ofpersecutionPersecution (acts of)
Personal circumstances … amount to a real risk of persecution sufficient to found a successful … level of a ‘real risk’ of persecution for the purposes of an asylum …
Country of Decision: United Kingdom
Country of Applicant: Nigeria
Keywords: Child Specific Considerations, Individual assessment, Membership of a particular social group, Non-state actors/agents of persecution, Persecution (acts of), Personal circumstances of applicant, Real risk, Refugee Status
This case dealt with the extent to which in the case of a child the prospect of discrimination could amount to a real risk of persecution sufficient to found a successful asylum claim in a situation where a comparably placed adult would not be at such a risk.
Date: 24-11-2016
Excerpt: not only consider any pre-persecution but also post-flight circumstances … forward looking basis of persecution of political enemies within … be a danger of individual persecution including human rights violations …
Country of Decision: Germany
Country of Applicant: Syria
Keywords: Country of origin information, Duty of applicant, Political Opinion, Refugee Status, Religion, Subsidiary Protection, Torture
When deciding whether refugee status should be available , one must not only consider any pre-persecution but also post-flight circumstances. Judged on a forward looking basis of persecution of political enemies within Syrian territory, upon return to Syria there continues to be a danger of individual persecution including human rights violations by reason of belonging to a certain group.
Date: 07-10-2016
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- Membership of a particular social group 151
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