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EDAL case summaries

Greece - Special Appeal Committee, 23 July 2012, D.C. v. the Chief of Security and Order of the (former) Ministry of Public Order, Application No. 95/127059

Excerpt: punishment Membership of a particular social group Serious harm Subsidiary … real well-founded fear of persecution (re-enslavement of the Applicant … “of a particular social group” and a finding that his …
Country of Decision: Greece
Country of Applicant: Mauritania
Keywords: Country of origin information, Inhuman or degrading treatment or punishment, Membership of a particular social group, Serious harm, Subsidiary Protection, Well-founded fear
This case concerned a real well-founded fear of persecution (re-enslavement of the Applicant), failure to recognise the Applicant's refugee status as a member “of a particular social group” and a finding that his fear was not due to the grounds for persecution as defined by Article 1A of the Convention.It was held that, should he return to his country, there was a risk that the Applicant would suffer serious harm (inhuman and degrading treatment because of potential re-enslavement) which justified granting him subsidiary protection...
Date: 23-07-2012

Spain - Supreme Court, 12 July 2012, Nº 5114/2012

Excerpt: claims to fear political persecution if he is returned to his … of threats from the FARC group (Revolutionary Armed Forces … his sons to join the armed group. The Supreme Court rejects …
Country of Decision: Spain
Country of Applicant: Colombia
Keywords: Armed conflict, Burden of proof, Serious harm, Standard of proof, Vulnerable person
The case refers to an appeal to the Supreme Court brought by the appellant against the High National Court’s decision to reject the appellant’s administrative appeal against the denial of his application for refugee status. The appellant is a Columbian national and claims to fear political persecution if he is returned to his country because of threats from the FARC group (Revolutionary Armed Forces of Columbia) due to the appellant’s refusal to permit two of his sons to join the armed group. The Supreme Court rejects the appeal, affirming...
Date: 12-07-2012

Greece - The Council of State, 4 July 2012, 2450/2012

Excerpt: and that he had not been persecuted but that he had lost many … faces a risk of individual persecution in his country for reasons … membership of a particular social group or political opinion; and …
Country of Decision: Greece
Country of Applicant: Pakistan
Keywords: Protection, Real risk, Refugee Status, Well-founded fear, Individual threat, Inhuman or degrading treatment or punishment, Obligation to give reasons

This case concerned the conditions under which a refusal to perform military service for conscientious reasons may justify granting refugee status. The Minister for Public Order did not give reasons for deviating from the competent Committee's recommendation, nor did he find it to be ambiguous or to have any other legal defect, while he could have referred the case back to that body for reassessment. The application for annulment is granted.
Date: 04-07-2012

Germany - Federal Administrative Court, 25 June 2012, 10 B 6.12

Excerpt: Actor of persecution or serious harm Burden of … refers to previous acts of persecution or threats as an indicator … well-foundedness of his fear that persecution would resume if he were to …
Country of Decision: Germany
Country of Applicant: Russia
Keywords: Actor of persecution or serious harm, Burden of proof, Standard of proof
The shifting of the burden of proof according to Article 4 (4) of the Qualification Directive applies if the Applicant refers to previous acts of persecution or threats as an indicator of the well-foundedness of his fear that persecution would resume if he were to return to his home country.If it is assumed that the individual concerned was under immediate threat of persecution associated with his ethnicity when he left his home country, then the link is not simply with the ethnicity of the individual concerned (Chechen in this case), but...
Date: 25-06-2012

Polska: V SA/Wa 2332/11 - Wyrok WSA w Warszawie, 13 czerwca 2012, S.B. against Rady do Spraw Uchodźców

Excerpt: place Membership of a particular social group Subsequent application … citizen, which might cause persecution on religious grounds were … status, she said she feared persecution in her country of origin …
Country of Decision: Poland
Country of Applicant: Russia
Keywords: Individual assessment, Personal circumstances of applicant, Burden of proof, Refugee Status, Refugee sur place, Membership of a particular social group, Subsequent application
The third action in a row brought by a foreign woman for refugee status ended in the issue of a judgment dismissing the case as it was found that the basis for the application was the same as in the previous cases and the application was therefore inadmissible. The Court overturned the negative decision by the Polish Council for Refugees, as the new application by the foreign woman stated that she had divorced her then husband and had been in a relationship for a year with a Polish citizen, which might cause persecution on religious grounds were she to return to her country...
Date: 13-06-2012

Poland - Polish Council for Refugees, 12 March 2012, RdU-495-2/S/11

Excerpt: Reports Membership of a particular social group Relevant Facts Sexual orientation Standard … homosexuals are at risk of persecution in Uganda but that the applicant … on the grounds of fear of persecution in his country of origin …
Country of Decision: Poland
Country of Applicant: Uganda
Keywords: Assessment of facts and circumstances, Medical Reports/Medico-legal Reports, Membership of a particular social group, Relevant Facts, Sexual orientation, Standard of proof
The authorities of first and second instance—the Head of the Office for Foreigners and the Polish Council for Refugees—refused to grant refugee status or other forms of protection to an applicant from Uganda who had applied for refugee status because of his sexual orientation. They made the same decisions but on fundamentally different grounds and factual findings. The  first instance authority found that the applicant was homosexual but that the information about the country of origin indicated that his fear was not well-founded. The  second instance authority found that homosexuals are at...
Date: 12-03-2012

Germany - Administrative Court Baden-Württemberg, 6 March 2012, A 11 S 3070/11

Excerpt: conflict Non-state actors/agents of persecution Personal circumstances of … faith and the Hazara ethnic group and originates from the Province …
Country of Decision: Germany
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Indiscriminate violence, Individual assessment, Individual threat, Inhuman or degrading treatment or punishment, Internal armed conflict, Non-state actors/agents of persecution, Personal circumstances of applicant, Real risk, Standard of proof, Subsidiary Protection, Torture

The actual risk of inhuman treatment or punishment by the Taliban because of desertion from one of their forced recruitment training camps can justify a deportation ban according to clause 60 (2) of the Residence Act (Article 15(b) of the Qualification Directive) in the case of Afghanistan.
Targeted criminal violence is defined in Article 15 (b) of the Qualification Directive (clause 60 (2) of the Residence Act) but not in Article 15 (c) of the Qualification Directive (clause 60 (7) p. 2 of the Residence Act), because in this context there is no specific risk of an internal armed...
Date: 06-03-2012

Spain - Supreme Court, 24 February 2012, Nº 1197/2011

Excerpt: confrontations between the group she belonged to (the Massob … the Massob) and other armed groups.After a demonstration organised … and independence for the group, the government retaliated …
Country of Decision: Spain
Country of Applicant: Nigeria
Keywords: Credibility assessment, Medical Reports/Medico-legal Reports, Standard of proof, Subsidiary Protection
The case refers to an appeal to the Supreme Court brought by the appellant against the High National Court’s decision to deny asylum.The appellant is a Nigerian national and claims to have left her country because of armed confrontations between the group she belonged to (the Massob) and other armed groups.After a demonstration organised by the Massob to demand freedom and independence for the group, the government retaliated against the demonstrators, killing several people.Therefore, she decided to flee the country with her husband and one...
Date: 24-02-2012

Slovenia - Administrative Court of the Republic of Slovenia, 14 february 2012, I U 42/2012,

Excerpt: information Membership of a particular social groupPersecution (acts ofPersecution Grounds/Reasons Subsidiary … be considered as acts of persecution where that person is connected … to him in relation to his persecution; however he does not need …
Country of Decision: Slovenia
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Best interest of the child, Child Specific Considerations, Country of origin information, Membership of a particular social group, Persecution (acts of), Persecution Grounds/Reasons, Subsidiary Protection, Unaccompanied minor
When reaching a decision, the Defendant should have protected the best interest of the child. Taking into account the fact that the Applicant is a minor and providing legal representation for a minor applicant, are necessary elements in the process of demonstrating and establishing the facts. The principle of protecting the best interest of the child has to be enforced when assessing the risk that the absolute rights of the child might be violated if he is returned to his country of origin and needs to be reflected in the Defendant’s burden of proof as well as in the rules and standards of ...
Date: 14-02-2012

Finland - Supreme Administrative Court, 13 January 2012, KHO:2012:1

Excerpt: Execution Membership of a particular social groupPersecution Grounds/Reasons Sexual orien … whether, he has grounds to fear persecution or is in real danger of suffering …
Country of Decision: Finland
Country of Applicant: Iran
Keywords: Death penalty / Execution, Membership of a particular social group, Persecution Grounds/Reasons, Sexual orientation
Although the asylum seeker has been unable to offer any credible account of the death penalty allegedly imposed on him due to his homosexuality, it must nevertheless be assessed whether, he has grounds to fear persecution or is in real danger of suffering serious harm in his home country due to his sexual orientation, and what weight must be given to the fact that he must hide his homosexuality to avoid this kind of threat. The judgments of the Administrative Court and the Immigration Service were overturned and the case was returned to the Immigration Service for further...
Date: 13-01-2012

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