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Germany - Administrative Court Stuttgart, 29 June 2006, A 11 K 10841
Country of applicant: Iran

This case concerned the application of Art 10.1 (d) of the Qualification Directive, as applied to lesbians from Iran. It was found that the "particular social group", described as homosexual (lesbian) women, has a distinct identity in Iran, because they are perceived as being different by the surrounding society (Art. 10.1 (d) (1) of the Qualification Directive).

Further, that there is a high likelihood that a homosexual relationship between women would be persecuted when detected, because it constitutes a breach of a cultural norm, even worse than among homosexual (gay) men.

Date of decision: 29-06-2006
Greece - Council of State, 15 November 2005, Application No. 815/2006
Country of applicant: Iran

Within the meaning of the provisions of Article 2(1) and Article 3 para. 1, 4, 5, 7 and 8 of Presidential Decree 61/1999, for an appeal brought against an initial negative decision to be rejected for being out of time, there is no requirement for there to have been a prior judgment by the Committee formed under Article 3(5) which – as is clear from the regulations concerning its composition and operation – is responsible for considering the substantive conditions for recognising refugee status to a foreigner.

Date of decision: 15-11-2005
UK - Asylum & Immigration Tribunal, 5 July 2005, SM (Section 8: Judge’s Process) Iran [2005] UKAIT 116
Country of applicant: Iran
UK Legislation, which required a court to treat evidence in a particular way was not intended to affect the general process of deriving facts from evidence and in particular the principles that all evidence had to be evaluated in the round.
Date of decision: 05-07-2005
Czech Republic - Supreme Administrative Court, 24 February 2004, Y.A. v Ministry of Interior, 6 Azs 50/2003-89
Country of applicant: Iran

If any fact emerges during the interview, which indicates that the applicant could be persecuted for exercising his political rights and freedoms, or has a well-founded fear of being persecuted on the grounds upon which asylum can be granted, the Ministry of Interior obliged to conduct the interview in a way that would achieve an outcome which is sufficiently clear for the needs of considering the asylum claim. It is also necessary to evaluate the way in which state power is exercised in the country of origin, and the real possibility of exercising one’s political rights and other circumstances that could establish grounds for international protection.

Date of decision: 24-02-2004
UK - Court of Appeal, 23 January 2003, FP (Iran) & MB (Libya) v Secretary of state for the Home Department, [2007] EWCA Civ 13
Country of applicant: Iran, Libya
Fairness requires that an applicant in a protection claim is not bound by the procedural error of his legal representative. Procedural rules should not result in unfairness to asylum seekers.
Date of decision: 23-01-2003
ECtHR - Jabari v. Turkey, Application no. 40035/98, 11 July 2000
Country of applicant: Iran

The proposed deportation of the applicant to Iran would violate Article 3 ECHR, and as she was prevented from having the merits of her claim examined due to non-compliance with procedural time limits, there was a breach of Article 13 ECHR.  This was because she had no chance to challenge the decision on appeal, or access to a remedy with suspensive effect.

Date of decision: 11-07-2000