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Finland - Helsinki Administrative Court, 23 March 2011, 11/0355/1
Country of Decision:
Country of Applicant:
Date of Decision:
23-03-2011
Citation:
11/0355/1
Court Name:
Helsinki Administrative Court
Keywords:
Relevant Legislative Provisions:
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 6
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 7
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 9
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10 > Art 10.1 (d)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 9 > Art 9.3
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 7
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 9
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 10 > Art 10.1 (d)
European Union Law > EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004 > Art 9 > Art 9.3
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Headnote:
The Helsinki Administrative Court held that the applicant was not considered at risk of persecution as it was unlikely that the Iranian authorities were aware of the applicant’s extramarital affair and the applicant was able to rely on her friends for support in different parts of Iran.
Facts:
The applicant had an extramarital affair with a man in Iran. The affair came to the attention of the applicant’s husbands’ and the applicant’s relatives, as well as the authorities. The applicant was summoned to court to respond. The applicant’s family threatened the applicant’s life once the issue became known.
Decision & Reasoning:
According to the Administrative Court, it was unlikely that the Iranian authorities had knowledge of the applicant’s alleged extramarital affair, or at least, that they would have sufficient evidence to secure a conviction. Therefore, the applicant could not be seen to be at risk of persecution from the authorities, or at real risk of suffering harsh punishment for adultery under Iran’s laws. The applicant had relied on her friends in different parts of Iran for protection, and was able to live in Iran for several years after the affair was exposed. Taking the applicant’s social background and place of residence (a large city) into account, it was unlikely that the applicant would be at risk of facing honour-based violence.
Outcome:
The Administrative Court rejected the appeal. The applicant was not granted a residence permit based on international protection, or other grounds.
Subsequent Proceedings :
An appeal is pending before the Supreme Administrative Court which has granted interim measures in the case.
