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Excerpt: information
Credibility assessment
Persecution (acts of)
Safe country of … he will suffer a risk of persecution.However, both the National … Court ruled that no risk of persecution exists in this case, because …
Country of Decision: Spain
Country of Applicant: Ivory Coast
Keywords: Burden of proof, Country of origin information, Credibility assessment, Persecution (acts of), Safe country of origin
The Spanish Supreme Court’s Administrative Chamber decides on the appeal of an asylum applicant, whose application has been rejected. The applicant states that upon return to his home country (Ivory Coast) he will suffer a risk of persecution.However, both the National Court and the Supreme Court ruled that no risk of persecution exists in this case, because there is no enough evidence to conclude on that risk.
Date: 04-10-2016
Excerpt: aid
Membership of a particular social group
Non-refoulementPersecution (acts ofPersecution Grounds/Reasons
Procedural … tribe from Darfur which is persecuted by the Sudanese Government … Sudanese police. Fleeing this persecution, Mr. Hassan escaped to Libya …
Country of Decision: United Kingdom
Country of Applicant: Sudan
Keywords: Access to the labour market, Accommodation centre, Detention, Dublin Transfer, Legal assistance / Legal representation / Legal aid, Membership of a particular social group, Non-refoulement, Persecution (acts of), Persecution Grounds/Reasons, Procedural guarantees, Reception conditions, Safe third country, Torture
The case concerned an application for judicial review of the decisions made on behalf of the Secretary of State to transfer the applicants to Malta, on the basis that such jurisdiction was the proper place for considering the applicants’ asylum claims. The applicants argued that such transfer would violate their rights under Article 18 of the Charter of the Fundamental Rights of the European Union (EU Charter) to have their asylum application determined within a reasonable time and on the basis of a fair procedure, as the Maltese asylum system had several shortcomings and contains...
Date: 28-09-2016
Excerpt: information
Gender Based Persecution
Membership of a particular … rship of a particular social group
Non-state actors/agents ofpersecutionPersecution Grounds/Reasons … RAT’s finding that the persecution faced by the applicant in …
Country of Decision: Ireland
Country of Applicant: Albania
Keywords: Country of origin information, Gender Based Persecution, Membership of a particular social group, Non-state actors/agents of persecution, Persecution Grounds/Reasons
The High Court in this case focused on two questions: 1) whether the Refugee Appeals Tribunal’s (RAT) finding of a lack of a Convention nexus was valid, given the evidence before it, and 2) whether the RAT’s finding that the persecution faced by the applicant in the past does not amount to “compelling reasons” meriting a grant of refugee status was valid. The Court agreed with the Tribunal Member on the second question, finding that she had appropriately evaluated the applicant’s circumstances in light of the relevant guidelines, case law and evidence in rejecting the...
Date: 11-09-2016
Excerpt: punishment
Internal protection
Previous persecution
Standard of proof … circumstances as a targeted group and the Iraqi authorities’ … 2010. They claimed to fear persecution by al-Qaeda since the husband …
Country of Applicant: Iraq
Keywords: Burden of proof, Country of origin information, Credibility assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal protection, Previous persecution, Standard of proof
The return of the applicants to Iraq violates Article 3 ECHR as there is a real risk of ill-treatment based on their personal circumstances as a targeted group and the Iraqi authorities’ diminished ability to protect them.
Date: 23-08-2016
Excerpt: Reports
Membership of a particular social group
Non-state actors/agents ofpersecution
Personal circumstances of … on a well founded fear of persecution if returned to Albania, as …
Country of Decision: United Kingdom
Country of Applicant: Albania
Keywords: Best interest of the child, Child Specific Considerations, Country of origin information, Credibility assessment, Internal protection, Manifestly unfounded application, Medical Reports/Medico-legal Reports, Membership of a particular social group, Non-state actors/agents of persecution, Personal circumstances of applicant, Protection, Real risk, Refugee Status, Safe country of origin, Vulnerable person, Well-founded fear
This case dealt with the issue of whether the Secretary of State’s certification of the asylum claims of the two independent applicants as “clearly unfounded” was flawed on public law grounds, and the important difference between a decision on refugee status itself and a decision on a claim being “clearly unfounded”.
Date: 23-06-2016
Excerpt: assessment
Membership of a particular social groupPersecution (acts of)
Sexual orientation
Well-founded … is a well-founded fear of persecution based on membership of a … membership of a particular social group in the case of an applicant …
Country of Decision: Italy
Country of Applicant: Ghana
Keywords: Credibility assessment, Membership of a particular social group, Persecution (acts of), Sexual orientation, Well-founded fear
There is a well-founded fear of persecution based on membership of a particular social group in the case of an applicant who, even though he is not gay, he is perceived as such by his community, his family and the authorities in his country of origin.
Date: 13-05-2016
Excerpt: punishment
Membership of a particular social group
Non-refoulementPersecution Grounds/Reasons
Personal … believing that he would risk persecution upon return.The applicant’s … substantiate a serious risk of persecution upon return in Iran. As to …
Country of Applicant: Iran
Keywords: Assessment of facts and circumstances, Burden of proof, Country of origin information, Final decision, Individual assessment, Inhuman or degrading treatment or punishment, Membership of a particular social group, Non-refoulement, Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Protection, Refugee Status, Refugee sur place, Religion, Return
An Article 3 compliant assessment requires a full and ex nunc evaluation of a claim. Where the State is made aware of facts that could expose an applicant to an individual risk of ill-treatment, regardless of whether the applicant chooses to rely on such facts, it is obliged to assess this risk ex proprio motu.
Date: 23-03-2016
Excerpt: Persecution Grounds/Reasons
Personal … the fact that the acts of persecution are indiscriminate and affect … particularly regarding the risk groups that the organisation has …
Country of Decision: Spain
Country of Applicant: Syria
Keywords: Persecution Grounds/Reasons, Personal circumstances of applicant
The decision of denying asylum is disproportionate, as the fact that the acts of persecution are indiscriminate and affect a large majority of the population do not exclude the application of the 1951 Convention when the necessary elements of the provision are present. The reports of UNHCR were also noted in the Court’s assessment, particularly regarding the risk groups that the organisation has characterised.
Date: 16-03-2016
Excerpt: rship of a particular social group
Non-state actors/agents ofpersecution
Previouspersecution
Protection
Sexual orientati … applicant from Kosovo claimed persecution due to his homosexuality … new procedure. An act of persecution does not depend on the applicant …
Country of Decision: Slovenia
Country of Applicant: Kosovo
Keywords: Membership of a particular social group, Non-state actors/agents of persecution, Previous persecution, Protection, Sexual orientation
An applicant from Kosovo claimed persecution due to his homosexuality. His application was rejected. The Administrative Court dismissed the action, but the Supreme court annulled the judgement and returned the case to the new procedure. An act of persecution does not depend on the applicant reporting persecution (in this case rape) to the police of their country of origin.
Date: 09-03-2016
Excerpt: due to the discrimination, persecution and human rights abuses against … against the ethnic Uzbek group, to which the applicant belongs.The …
Country of Applicant: Kyrgyzstan
Keywords: Detention, Effective access to procedures, Effective remedy (right to), Inhuman or degrading treatment or punishment
The detention and proposed expulsion of a Kyrgyzstani national are declared by the European Court of Human rights to constitute a violation of Article 3 and Article 5 of the Convention. The expulsion would be a violation of Article 3 due to the discrimination, persecution and human rights abuses against the ethnic Uzbek group, to which the applicant belongs.The mistreatment of the applicant during detention and a lack of investigation into the mistreatment constituted a violation of both the substantive and procedural limbs of Article 3.The deprivation of...
Date: 26-01-2016
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- Membership of a particular social group 151
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