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Excerpt: rship of a particular social group
Gender BasedPersecution
Non-state actors/agents ofpersecution
Previous … protection based on gender persecution by a non-state agent. The … as a “particular social group” and that it is not necessary …
Country of Decision: Spain
Country of Applicant: Algeria
Keywords: Membership of a particular social group, Gender Based Persecution, Non-state actors/agents of persecution, Previous persecution, Protection
The Ministry of Interior rejected the asylum claim of an Algerian woman who requested protection based on gender persecution by a non-state agent. The High National Court, on appeal, ruled that gender is considered as a “particular social group” and that it is not necessary that the persecution is carried out by state actors but also by non-state actors under certain circumstances. The applicant was granted Refugee status.
Date: 13-01-2009
Excerpt: assessment
Membership of a particular social group
Obligation to give reasonsPersecution Grounds/Reasons
Procedural … This case concerned fear of persecution for reasons of race and membership … membership of a particular social group. The provisions of Article …
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Burden of proof, Child Specific Considerations, Individual assessment, Membership of a particular social group, Obligation to give reasons, Persecution Grounds/Reasons, Procedural guarantees, Protection, Race, Real risk, Reception conditions, Refugee Status, Standard of proof, Subsidiary Protection, Unaccompanied minor, Well-founded fear
This case concerned fear of persecution for reasons of race and membership of a particular social group. The provisions of Article 1(4) of Presidential Decree 61/1999, which should be interpreted with reference to Articles 3 and 22 of the Convention on the Rights of the Child, recognize the special circumstances of asylum applications submitted by unaccompanied minors, for whom special procedural guarantees have been established. When examining asylum applications submitted by unaccompanied minors one must consider the Applicants' maturity and level of...
Date: 31-12-2008
Excerpt: assessment
Membership of a particular social group
Obligation to give reasonsPersecution Grounds/Reasons
Procedural … minor.The lack of personal persecution of an alien applicant does … well-founded fear of individual persecution in the applicant's country.The …
Country of Decision: Greece
Country of Applicant: Afghanistan
Keywords: Best interest of the child, Burden of proof, Child Specific Considerations, Individual assessment, Membership of a particular social group, Obligation to give reasons, Persecution Grounds/Reasons, Procedural guarantees, Protection, Race, Real risk, Reception conditions, Refugee Status, Standard of proof, Subsidiary Protection, Unaccompanied minor, Well-founded fear
Application for annulment of a decision by the Minister of Public Order The case addressed the absence of procedural guarantees in the context of appointing a Commissioner and assessing the applicant’s level of maturity with regard to the need for special treatment of an unaccompanied minor.The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.The Court found that the decision of the...
Date: 31-12-2008
Excerpt: Persecution Grounds/Reasons
Religion
Membership … Grounds/Reasons
Religion
Membership of a particular social group
Country of origin information
Non-state … information
Non-state actors/agents of persecution …
Country of Decision: Czech Republic
Country of Applicant: Pakistan
Keywords: Persecution Grounds/Reasons, Religion, Membership of a particular social group, Country of origin information, Non-state actors/agents of persecution
The applicant, being in a religiously mixed marriage, can be considered as a person having a justified fear of being persecuted for religious reasons. In accordance with the Qualification Directive, the deciding authority is obliged to gather sufficient information on the accessibility and effectiveness of protection provided by state authorities in the country of origin.
Date: 18-12-2008
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group … be considered as forming a group whose members would face …
Country of Decision: France
Country of Applicant: Ukraine
Keywords: Persecution Grounds/Reasons, Membership of a particular social group
It is important to inquire whether there are elements relative to the situation of homosexuals in their country which enable them to be considered as forming a group whose members would face a risk of persecution, for reasons of common characteristics which define them in the eyes of the authorities and society.
Date: 16-12-2008
Excerpt: Gender Based PersecutionPersecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Subsidiary Protection
Real … conflict
Non-state actors/agents of persecution
Subsequent application …
Country of Decision: Germany
Country of Applicant: Iraq
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Subsidiary Protection, Real risk, Serious harm, Indiscriminate violence, Armed conflict, Non-state actors/agents of persecution, Subsequent application
The applicant was not granted refugee status or protection against deportation in accordance with Section 60 (2) through (7) of the Residence Act. The court found:A single woman with a “Western” lifestyle is not at risk of gender-based political persecution by non-State actors in Iraq.The risk of the applicant becoming a victim of an honour killing (or respectively a weaker, non-life threatening disciplinary measure by her clan) because of her moral conduct, disapproved by her clan, constitutes an increased individual risk. However, this risk is not the result of arbitrary...
Date: 10-12-2008
Excerpt: Gender Based PersecutionPersecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Internal protection … provide protection for this group. The Migration Board also …
Country of Decision: Sweden
Country of Applicant: Albania
Keywords: Gender Based Persecution, Persecution Grounds/Reasons, Membership of a particular social group, Internal protection
Internal protection is considered available for women suffering domestic abuse and violence in Albania.
Date: 21-11-2008
Excerpt: rship of a particular social group
Credibility assessment
Non-state … assessment
Non-state actors/agents of persecution
Protection … constitute a particular social group under the Refugee Convention …
Country of Decision: Belgium
Country of Applicant: Albania
Keywords: Membership of a particular social group, Credibility assessment, Non-state actors/agents of persecution, Protection
This case considered whether or not a “family” could constitute a particular social group under the Refugee Convention. The applicant, whose family was implicated in a vendetta, had a well-founded fear of persecution on the basis of her membership of the social group that is her family. It was held by the CALL that a family could constitute a particular social group.
Date: 06-11-2008
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Assessment of facts and … protection
Non-state actors/agents of persecution …
Country of Decision: Germany
Country of Applicant: Lebanon
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Assessment of facts and circumstances, Credibility assessment, Internal protection, Non-state actors/agents of persecution
A Lebanese woman was recognised as a refugee after a death threat by her brother because of her way of life. The court found:State protection doesn’t exist against ‘honour killings’ in Lebanon.Women who do not accept discrimination and denial of rights, which are based on tradition and social circumstances in their home country, constitute a particular social group in terms of Art. 10 (2) (d) of the Qualification Directive.Even a single person can be a non-state actor under Section 60 (1) sentence (4) (c) of the Residence Act (identical to Art 6 (c) of the Qualification...
Date: 08-09-2008
Excerpt: Persecution Grounds/Reasons
Membership … Grounds/Reasons
Membership of a particular social group
Assessment of facts and … activities in order to avoid persecution.Although there is no systematic …
Country of Decision: Germany
Country of Applicant: Iran
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Assessment of facts and circumstances, Country of origin information, Credibility assessment, Personal circumstances of applicant, Standard of proof, Subsequent application
The applicant, a lesbian from Iran, was recognised as a refugee. The court found:It is unreasonable for homosexuals to refrain from sexual activities in order to avoid persecution.Although there is no systematic persecution of homosexuals in Iran, there is a considerable risk of detection and persecution.
Date: 08-09-2008
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- Membership of a particular social group 151
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