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Excerpt: since he was afraid of being persecuted in his home country on account … belonging to a particular social group. The judge then asked the …
Keywords: Detention, Effective access to procedures
The CJEU found that the judge assigned to rule upon the applicant’s detention should have transmitted his request for international protection to the competent authority so it could be registered, and the applicant could enjoy his rights provided by Directive 2013/33. It also found that he should not have been detained since he was protected by his applicant for international protection’s status under Directives 2013/33 and 2013/32.
Date: 25-06-2020
Excerpt: that may create a risk of persecution are insufficiently substantiated … risk of forced recruitment, persecution because he belonged to a … belonged to a non-Arab ethnic group from Darfur, and more generally …
Country of Applicant: Sudan
Keywords: Access to the labour market, Burden of proof, Credibility assessment, Inhuman or degrading treatment or punishment, Internal armed conflict, Political Opinion, Real risk, Refugee Status, Well-founded fear
National authorities are best placed to assess the credibility of asylum claimants.The ill-treatment of people of non-Arab ethnic origin in Sudan is not systematic. Therefore, when the personal circumstances of an applicant that may create a risk of persecution are insufficiently substantiated, the applicant’s removal to Sudan will not give rise to a violation of Article 3 of the Convention.
Date: 02-06-2020
Excerpt: 2015. He stated that he was persecuted for his Christian faith in … by a member of an Islamist group. If he returned to Pakistan … returned to Pakistan, this group would personally …
Country of Decision: Germany
Country of Applicant: Pakistan
The right to be heard (Art. 103 par. 1 German Basic Law - Grundgesetz) guarantees every party access to all documents relevant for the decision, which includes status reports on the applicant’s country of origin in asylum cases.
The right to be heard also guarantees that the court takes all information and evidence into account presented by the applicant. § 74 Abs. 2 Asylum Act (Asylgesetz) limits the time period in which an applicant may present information and evidence to one month, however this only refers to information and...
Date: 25-03-2020
Excerpt: Court did not find that this group is the target of a practice … believing that they feared persecution. Furthermore, concerning … a ‘vulnerable minority group’ under the Netherlands’ …
Country of Applicant: Afghanistan
Keywords: Credibility assessment, Inhuman or degrading treatment or punishment, Internal armed conflict, Safe country of origin, Serious harm, Well-founded fear
The European Court of Human Rights ruled that the removal of families belonging to the Sikh religious minority to Afghanistan would not constitute a violation of Article 3 ECHR, as the applicants’ situation failed to reach the severity threshold required by this Article. Despite the fact that the Sikh community suffers from intimidation and intolerance within the Afghan society, the Court did not find that this group is the target of a practice of a systematic practice of ill-treatment, despite any difficulties they may be facing in the country.
Date: 25-02-2020
Belgium - X v. Commissioner-General for Refugees and Stateless Persons, 26 November 2019, N° 229 288
Excerpt: circumstances
Gender Based Persecution
Membership of a particular … rship of a particular social group
Previouspersecution
Real risk
Well-founded fear … applicant has already been persecuted in the past or has already …
Country of Decision: Belgium
Country of Applicant: Ivory Coast
Keywords: Assessment of facts and circumstances, Gender Based Persecution, Membership of a particular social group, Previous persecution, Real risk, Well-founded fear
The fact that an asylum applicant has already been persecuted in the past or has already suffered serious harm is a serious indication of the well-founded fear of the claimant, or of the real risk of suffering serious harm, unless there is good reason to believe that this persecution or serious harm will not happen again.When an applicant has suffered female genital mutilation in her country of origin, there is a rebuttable presumption that she will again be the victim of such persecution because of her membership in the social group...
Date: 26-11-2019
Excerpt: mutilation
Gender Based Persecution
Non-state actors/agents ofpersecution
Obligation/Duty to cooperate
Protection
Real … Convention. She risks being persecuted by reason of her membership … membership in the social group of women, and considering …
Country of Decision: Belgium
Country of Applicant: Guinea
Keywords: Female genital mutilation, Gender Based Persecution, Non-state actors/agents of persecution, Obligation/Duty to cooperate, Protection, Real risk, Relevant Documentation, Relevant Facts
A Guinean woman who has been forced into marriage at a young age and subsequently harassed into marrying her late husband’s brother, is a refugee under article 1, section A §2 of the Geneva Convention. She risks being persecuted by reason of her membership in the social group of women, and considering the regular violation of women’s rights occuring in Guinea.
Date: 19-06-2019
Excerpt: Gender Based Persecution
Inhuman or degrading treatment … punishment
Membership of a particular social group
Sexual orientation
Unaccompanied … country of origin by a local group of people called “Safety …
Country of Decision: Greece
Country of Applicant: Ghana
Keywords: Gender Based Persecution, Inhuman or degrading treatment or punishment, Membership of a particular social group, Sexual orientation, Unaccompanied minor, Well-founded fear
Date: 12-06-2019
Excerpt: assessment
Membership of a particular social group
Sexual orientation … country can justify fear of persecution based on their membership … membership to a particular group. A cautious assessment of …
Country of Decision: Belgium
Country of Applicant: Morocco
Keywords: Assessment of facts and circumstances, Credibility assessment, Individual assessment, Membership of a particular social group, Sexual orientation
LGBT individuals who have left Morocco can be granted refugee status as the socially and legally hostile environment towards LGBT individuals in this country can justify fear of persecution based on their membership to a particular group. A cautious assessment of the consequences of a return to the country of origin and an extensive benefit of the doubt are advised in the review of asylum applications of Moroccan nationals identifying as LGBT.
Date: 24-04-2019
Excerpt: Actor of persecution or serious harm
Assessment … threat
Membership of a particular social group
Personal circumstances of … concealment of faith due to fear of persecution or simply due to social norms …
Country of Decision: United Kingdom
Country of Applicant: Pakistan
Keywords: Actor of persecution or serious harm, Assessment of facts and circumstances, Burden of proof, Country of origin, Country of origin information, Individual threat, Membership of a particular social group, Personal circumstances of applicant, Religion, Standard of proof, Well-founded fear
This case dealt with the issue of the whether the guidance of MN and others Pakistan CG [2012] was still accurate in terms of asylum protection due to failing to ask the question of why an individual would act in a discreet way in their country of origin. This question draws the distinction between concealment of faith due to fear of persecution or simply due to social norms or personal preference. WA sought to challenge the correctness of the guidance in MN and others Pakistan CG [2012] in that it failed to properly reflect the judgement of HJ (Iran) test of asking...
Date: 06-03-2019
Excerpt: and belongs to the ethnic group of Hazara. On 9 June 2015 … the members of his ethnic group got killed in the war.The … that there is no threat of persecution and that the claimant additionally …
Country of Decision: Austria
Country of Applicant: Afghanistan
Keywords: Assessment of facts and circumstances, Country of origin information, Internal protection, Personal circumstances of applicant, Personal interview, Relevant Facts, Safe country of origin
The applicants’ personal circumstances and the general conditions in the country of origin have to be taken into account, when assessing whether an internal flight alternative exists. Relevant sources like the UNHCR guidelines have to be used. Otherwise this constitutes a significant procedural error.
Date: 13-12-2018
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- Membership of a particular social group 151
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