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ECtHR - B.M. v. Greece, Application No. 53608/11
Country of applicant: Iran

Greek detention conditions and lack of effective review violate Iranian asylum seeker’s Article 3 and Article 13 rights, but complaint against removal declared inadmissible and detention ruled to be lawful and non-arbitrary.

Date of decision: 19-12-2013
UK - Court of Appeal, AA (Iran), R (on the application of) v Upper Tribunal (Immigration and Asylum Chamber) & Anor, [2013] EWCA Civ 1523
Country of applicant: Iran

This case concerns the State’s obligation under Article 19(3) of the Reception Direction to trace the family members of unaccompanied child asylum applicants.  The Court considers the effect on their claims where there is a failure by the State to carry out that duty.

Date of decision: 26-11-2013
ECtHR - K.K. v. France, Application No. 18913/11
Country of applicant: Iran

The Applicant’s alleged risk of persecution due to his former employment with the Iranian Intelligence Services was found by the Court to be sufficiently credible to give rise to a violation of Article 3 if the Applicant were forcibly returned to Iran. The French authorities’ use of the priority procedure did not however violate Article 13 in the Applicant’s case.

Date of decision: 10-10-2013
ECtHR - A.F. v. Greece, Application No. 53709/11
Country of applicant: Iran
Keywords: Detention

Detention conditions for asylum seekers in Greece tantamount to a violation of Article 3 ECHR, in particular due to overcrowding.

Date of decision: 07-10-2013
UK - Court of Appeal, AA-R (Iran) v Secretary of State for the Home Department, [2013] EWCA Civ 835
Country of applicant: Iran

The issue in this case was “complicity” – the Court analysed the facts of the applicant’s involvement in a violent paramilitary force in Iran to determine whether he was complicit in crimes against humanity, so as to be excluded from international protection. 

Date of decision: 12-07-2013
UK - Court of Appeal, R (AR (Iran) v Secretary of State for the Home Department, [2013] EWCA Civ 778
Country of applicant: Iran

This case related to a dispute as to whether the UK or Belgium had responsibility for determining the applicant’s asylum claim

Date of decision: 28-06-2013
Slovakia - Migration Office, 22 May 2013, R.M. v Ministry of the Interior of the Slovak Republic, 10 Sža/12/2013
Country of applicant: Iran

After the case has been referred back to the Respondent, it will examine whether the Appellant only formally converted to Christianity and how he might prove that he was also putting his conversion into practice through his life and actions as a result of which his return to Iran would be excluded. In taking evidence on this question, the Respondent must cooperate with persons and bodies that might provide relevant information concerning the Appellant – for example, clergymen, Christian associations, churches and the like.

Date of decision: 22-05-2013
UK - Court of Appeal , Kadri, R (on the application of) v Birmingham, City Council & Anor, [2012] EWCA Civ 1432
Country of applicant: Afghanistan, Iran

In this case the applicants argued unsuccessfully that the decision of the UK designated authority for determining asylum claims (the Secretary of State for the Home Department) regarding an applicant’s age should be accepted by other government bodies.

Date of decision: 07-11-2012
Greece - Special Appeal Committee, 28 September 2012, Application No. 95/48884
Country of applicant: Iran

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 previous persecution. However, the Committee believed that there was no a well-founded fear of persecution now or in the future because of his prior actions, nor because of his prior actions in conjunction with circumstances which occurred in Greece (participation in Iranian movements), nor even because of the Applicant's atheism and, therefore, that the fear of persecution was not well-founded. Nevertheless, the Committee acknowledged that “there may have been situations in which the Applicant was persecuted in the country of origin, but he has no present or future fear of persecution there. However, it is appropriate to recognise him as a refugee because of the compelling reasons arising from previous persecution, especially when the persecution he suffered was particularly atrocious”; and it unanimously recognised the Applicant's refugee status because it held that the Applicant had suffered terrible persecution in the past because of his anti-regime activities (political opinion) without the situation in his country of origin having since improved, and because the Applicant continued to suffer the consequences of his psychological harm, meaning that his return to Iran and his life there would be intolerable.

Date of decision: 28-09-2012
Greece - Special Appeal Committee, 22 June 2012, A.G. v. the General Secretary of the former Ministry of Public Order, Application No. 95/56266
Country of applicant: Iran

The Applicant was a homosexual male from Iran who had renounced Islam and was studying the catechism of the Roman Catholic doctrine. It was held that the Applicant had no well-founded (objective) fear of persecution on the grounds of changing his religious beliefs.

Regarding the risks associated with his sexual orientation, the fear that the Applicant expressed was deemed to be well-founded, and it was held that not externalising his sexual orientation to avoid danger would, in and of itself, constitute serious harm to his right to respect for his private life and his right to not be discriminated against. Therefore, his refugee status was recognised and he was granted the international protection in the form of refugee status.

Date of decision: 22-06-2012