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EDAL case summaries

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Germany - High Administrative Court of Bavaria, 14 August 2008, 15 ZB 07.30176

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Non-state actors/agents ofpersecution … being subjected to acts of persecution was not connected to the …
Country of Decision: Germany
Country of Applicant: Colombia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Non-state actors/agents of persecution
The Administrative Court lawfully decided that the applicant was not entitled to refugee status since, in the present case, a possible risk of being subjected to acts of persecution was not connected to the reasons for persecution. The group of "businessmen in Colombia" cannot be regarded as a "particular social group" within the meaning of Art. 10.1 (d) of the Qualification Directive.
Date: 14-08-2008

Germany – High Administrative Court Sachsen-Anhalt, 31 July 2008, 2 L 33/06

Excerpt: Burden of proof Previous persecution Standard of proof Protectio … Directive to consider that the persecution of ethnic Chechens from Chechnya … based on membership of the group will not be repeated. The …
Country of Decision: Germany
Country of Applicant: Russia
Keywords: Burden of proof, Previous persecution, Standard of proof, Protection
There are "good reasons" within the meaning of Art 4.4 of the Qualification Directive to consider that the persecution of ethnic Chechens from Chechnya which was solely based on membership of the group will not be repeated. The standard of Art 4.4 of the Qualification Directive has now replaced the concept of "sufficient safety from persecution" as developed in German case law for refugees who had been subject to persecution before they left their country of origin. 
Date: 31-07-2008

Belgium - Council for Alien Law Litigation, 9 July 2008, Nr. 13.874

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group Torture Inhuman or degrading … right to) Gender Based Persecution Non-state actors/agents of …
Country of Decision: Belgium
Country of Applicant: Russia
Keywords: Persecution Grounds/Reasons, Membership of a particular social group, Torture, Inhuman or degrading treatment or punishment, Effective remedy (right to), Gender Based Persecution, Non-state actors/agents of persecution
The CALL considered the evolution of the definition of “particular social group” and held that such a group can also be formed on the basis of an innate characteristic; such as a person’s gender. Protection was granted to a victim of serious domestic violence, on the basis of her belonging to the social group of women in Russia.
Date: 09-07-2008

Germany - High Administrative Court Nordrhein-Westfalen, 19 June 2008, 20 A 4676/06.A

Excerpt: Discrimination Gender Based PersecutionPersecution Grounds/Reasons Religion Child … considerations Previous persecution … considerable likelihood of grouppersecution of Hindus in Afghanistan …
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Discrimination, Gender Based Persecution, Persecution Grounds/Reasons, Religion, Child Specific Considerations, Humanitarian considerations, Previous persecution
The High Administrative Court decided that a considerable likelihood of group persecution of Hindus in Afghanistan did not exist. The “density” of recorded acts of violence was too low to justify the assumption that Hindus were facing an accumulation of human rights violations or other measures within the meaning of the Qualification Directive.
Date: 19-06-2008

France - CNDA, 10 June 2008, Mr. A., n°462102

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group … be  considered as forming a group whose members are likely …
Country of Decision: France
Country of Applicant: Iraq
Keywords: Persecution Grounds/Reasons, Membership of a particular social group
The situation of the homosexuals which currently prevails in Iraq enables them to be  considered as forming a group whose members are likely to face acts of such gravity that they may amount to persecution in the meaning of Article 1A(2) of the 1951 Refugee Convention.
Date: 10-06-2008

Sweden - Migration Court of Appeal, 23 May 2008, UM 1802-07

Excerpt: Persecution Grounds/Reasons Race Political … Syria belonging to a minority group was eligible for refugee … discrimination (amounting to persecution) she was subjected to as …
Country of Decision: Sweden
Country of Applicant: Syria
Keywords: Persecution Grounds/Reasons, Race, Political Opinion, Discrimination, Individual assessment
A female applicant from Syria belonging to a minority group was eligible for refugee protection based on the lack of fundamental rights and freedoms for the minority to which she belonged, in addition to her political activities.
Date: 23-05-2008

Germany - High Administrative Court of Baden-Wurttemberg, 20 May 2008, A 10 S 72/08

Excerpt: Discrimination Persecution Grounds/Reasons Religion Non-state … Grounds/Reasons Religion Non-state actors/agents of persecution Standard of proof Unaccompanied … the Ahmadiyya community was persecuted as agroup in Pakistan. The Administrative …
Country of Decision: Germany
Country of Applicant: Pakistan
Keywords: Discrimination, Persecution Grounds/Reasons, Religion, Non-state actors/agents of persecution, Standard of proof, Unaccompanied minor

Art 10.1 (b) of the Qualification Directive guarantees wide reaching protection of the freedom of religion. However, merely belonging to the Ahmadiyya religious community does not justify the granting of refugee status.
Date: 20-05-2008

Poland - Supreme Administrative Court of Poland, 8 May 2008, OSK 237/07

Excerpt: protection Gender Based Persecution Internal protection Membership … protection Membership of a particular social group Non-state actors/agents ofpersecution … feature defining a social group, so women can be a particular …
Country of Decision: Poland
Country of Applicant: Russia
Keywords: Actors of protection, Gender Based Persecution, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution
Gender may be a feature defining a social group, so women can be a particular social group.Violence, beating, and bullying constitute persecution, even if these acts are committed by the local community or individual members thereof.It is vital to determine whether the applicant obtained help from the state when she requested it or whether there was a genuine (and not just theoretical) opportunity to seek protection.
Date: 08-05-2008

Belgium – Council for Alien Law Litigation, 7 May 2008, Nr. 10.947

Excerpt: rship of a particular social group Assessment of facts and … This case concerned state persecution. The CALL held that when … held that when the agents of persecution are national authorities …
Country of Decision: Belgium
Country of Applicant: Rwanda
Keywords: Membership of a particular social group, Assessment of facts and circumstances, Burden of proof, Internal protection
This case concerned state persecution. The CALL held that when the agents of persecution are national authorities, there is a strong presumption that protection within the country of origin is not accessible, as the authorities are able to pursue a person throughout the entire territory under their control.
Date: 07-05-2008

France - CNDA, 29 January 2008, Mr. D., n°602367

Excerpt: Persecution Grounds/Reasons Membership … Grounds/Reasons Membership of a particular social group … in Morocco form a social group within the meaning of Article …
Country of Decision: France
Country of Applicant: Morocco
Keywords: Persecution Grounds/Reasons, Membership of a particular social group
Homosexuals in Morocco form a social group within the meaning of Article 1A(2) of the 1951 Refugee Convention for reasons of common characteristics which define them in the eyes of Moroccan criminal law and society.
Date: 29-01-2008

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