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EDAL case summaries

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Austria - Asylum Court, 29 January 2013, E1 432053-1/2013

Excerpt: Actor of persecution or serious harm Country … information Discrimination Gender Based Persecution Internal protection Membership … protection Membership of a particular social group Non-state actors/agents of …
Country of Decision: Austria
Country of Applicant: Pakistan
Keywords: Actor of persecution or serious harm, Country of origin information, Discrimination, Gender Based Persecution, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Previous persecution, Refugee Status, Sexual orientation
Refugee status was recognised for a transgender woman from Pakistan because discrimination for reasons relevant to asylum as well as involuntary prostitution to earn a living are sufficiently serious to represent persecution within the meaning of the Geneva Convention relating to the Status of Refugees.
Date: 29-01-2013

Ireland - High Court, 18 December 2012, T. E. S., M. N. R. and B. F. R. [South Africa] v Minister for Justice and Equality, and the Attorney General [2012] IEHC 554

Excerpt: commodation centre Actor of persecution or serious harm Country … right to) Gender Based Persecution Internal protection Membership … protection Membership of a particular social group Non-state actors/agents of …
Country of Decision: Ireland
Country of Applicant: South Africa
Keywords: Accommodation centre, Actor of persecution or serious harm, Country of origin information, Credibility assessment, Effective remedy (right to), Gender Based Persecution, Internal protection, Membership of a particular social group, Non-state actors/agents of persecution, Persecution Grounds/Reasons, Personal interview, Previous persecution, Procedural guarantees, Refugee Status, Safe country of origin, Subsidiary Protection, Well-founded fear

The Court granted permission to the Applicants to seek judicial review of the negative decision made in a written appeal (rather than an oral appeal) in an application for refugee status made by a South African one-parent family. The decision to allow a written appeal was based on the status of South Africa as a ‘safe country,’ and the appeal decision was based on personal credibility and the absence of a nexus to Convention grounds. The Applicants failed in their argument that the absence of an oral hearing may render the appeal decision unlawful by reference to the right to an effective...
Date: 18-12-2012

Austria- Asylum Court, 6 December 2012, C16 427465-1/2012

Excerpt: Considerations Discrimination Gender Based Persecution Membership of a particular … rship of a particular social groupPersecution (acts ofPersecution Grounds/Reasons Personal … had submitted reasons for persecution specifically relevant to …
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Child Specific Considerations, Discrimination, Gender Based Persecution, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Personal circumstances of applicant, Political Opinion, Refugee Status, Religion, Well-founded fear
Neither the Applicant, who was approximately nine years old at the time of the decision, nor her parents had submitted reasons for persecution specifically relevant to the Applicant in the proceedings at the court of first instance or in the appeal. Despite this, the Asylum Court reached the conclusion – amongst other things after a personal hearing of the Applicant – that the Applicant would be persecuted directly by the state or privately in Afghanistan owing to her membership of a particular social group and the religious-political...
Date: 06-12-2012

Ireland - High Court, 20 November 2012, J.N.A. v Refugee Appeals Tribunal & Minister for Justice and Equality, Ireland and the Attorney General [2012] IEHC 480

Excerpt: Reer Hamar clan, a minority group within Somalia whose members … violations by dominant clan groups.This was the second case … that despite the alleged persecution, the Applicant's family remain …
Country of Decision: Ireland
Country of Applicant: Somalia
Keywords: Credibility assessment, Duty of applicant, Relevant Documentation, Internal protection, Refugee Status, Well-founded fear, Obligation to give reasons, Procedural guarantees
Date: 20-11-2012

Belgium - Council for Alien Law Litigation, 17 October 2012, No. 89927

Excerpt: mutilation Gender Based Persecution Membership of a particular … rship of a particular social group Non-state actors/agents ofpersecution Previouspersecution … of a well-founded fear of persecution due to her membership of …
Country of Decision: Belgium
Country of Applicant: Guinea
Keywords: Female genital mutilation, Gender Based Persecution, Membership of a particular social group, Non-state actors/agents of persecution, Previous persecution
The CALL held that the fact the Applicant had already suffered very severe genital mutilation (type III – infibulation) was a serious indicator of a well-founded fear of persecution due to her membership of a particular social group. 
Date: 17-10-2012

Poland - Regional Administrative Court in Warsaw, 1 October 2012, V SA/Wa 873/12

Excerpt: assessment Membership of a particular social group Refugee Status Sexual orientation Standard … whether the foreignor's fear of persecution is justified must therefore … credible grounds for his fear of persecution as referred to in the Convention …
Country of Decision: Poland
Country of Applicant: Uganda
Keywords: Credibility assessment, Membership of a particular social group, Refugee Status, Sexual orientation, Standard of proof, Subsidiary Protection, Well-founded fear
The Convention relating to the Status of Refugees contains a finite list of grounds on which refugee status may be recognised and does not include victims of war, natural disasters, or famine, family situation, unemployment, lack of educational opportunities, or poverty.The assessment of whether the foreignor's fear of persecution is justified must therefore be performed with reference to the individual case in question and in the light of the general social, legal, political, and economic situation of the country of origin of the foreignor applying for refugee status.
Date: 01-10-2012

Greece - Special Appeal Committee, 28 September 2012, Application No. 95/48884

Excerpt: protection Political Opinion Previous persecution Religion Torture Vulnerable … origin constituted previous persecution. However, the Committee believed … no a well-founded fear of persecution now or in the future because …
Country of Decision: Greece
Country of Applicant: Iran
Keywords: Burden of proof, Credibility assessment, Inhuman or degrading treatment or punishment, Internal protection, Political Opinion, Previous persecution, Religion, Torture, Vulnerable person
The Applicant left his country of origin (Iran) in 2003 having been arrested, illegally detained and tortured because of his participation in demonstrations against the regime in 1999. He told the Committee that he had occasionally participated in the anti-regime activities of Iranians in Greece, and that he did not wish to return to Iran because he feared that he would be imprisoned again and would be subjected to torture. Concerning his religious beliefs, he stated that he was an atheist. The Committee accepted that the torture suffered by the Applicant in his country of origin constituted...
Date: 28-09-2012

Poland - Polish Council for Refugees, 23 August 2012, RdU-82/8/S/10

Excerpt: Actor of persecution or serious harm Actors of … protection Membership of a particular social group Subsidiary Protection … family.The particular social group within the meaning of the …
Country of Decision: Poland
Country of Applicant: Russia
Keywords: Actor of persecution or serious harm, Actors of protection, Inhuman or degrading treatment or punishment, Internal protection, Membership of a particular social group, Subsidiary Protection
A single woman with two illegitimate children from relationships not approved of by the family (who are Muslim) may be subject to inhuman or degrading treatment in the country of origin by the members of her family.The particular social group within the meaning of the Convention relating to the Status of Refugees is the group comprising single mothers of illegitimate children living in Muslim families and societies.
Date: 23-08-2012

Czech Republic - Supreme Administrative Court, 2 August 2012, H. R. v. Ministry of the Interior, 5 Azs 2/2012-49

Excerpt: assessment Membership of a particular social groupPersecution Grounds/Reasons … for well-founded fear of persecution because of membership of … membership of a particular social group …
Country of Decision: Czech Republic
Country of Applicant: Iraq
Keywords: Acts contrary to the purposes and principles of the UN, Exclusion from protection, Credibility assessment, Membership of a particular social group, Persecution Grounds/Reasons
Conclusions on exclusion from protection are to be supported by factual findings and cannot be presumed, especially with an applicant, who through the credibility assessment, is deemed to be untrustworthy by an administrative body. Belonging to the army under Saddam Hussein might, together with the Sunni religion of the applicant, be understood as a reason for well-founded fear of persecution because of membership of a particular social group.
Date: 02-08-2012

France - Council of State, 27 July 2012, n° 349824, M.B.

Excerpt: Actor of persecution or serious harm Membership … harm Membership of a particular social group Refugee Status Sexual orien … A social group is not formed by those of …
Country of Decision: France
Country of Applicant: Congo (DRC)
Keywords: Actor of persecution or serious harm, Membership of a particular social group, Refugee Status, Sexual orientation
A social group is not formed by those of whom it consists, or even by the objective existence of characteristics ascribed to them, but by the way in which surrounding society or institutions regard them. 
Date: 27-07-2012

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