Case summaries

The Supreme Court does not consider an assessment of the Applicant as an untrustworthy person to be justifiable where it is based only on the fact that he failed to mention all of the details of the case immediately in the admission interview, providing them gradually instead, as the Applicant‘s claims are logical, consistent, and in line with the situation in the country of origin. The argument of untrustworthiness can be used only in situations where there are additional factors indicating that the facts asserted by the Applicant are not true, and that has not been demonstrated in the case in question.

This was an appeal against the rejection of an application for asylum before the Appeal Committees formed pursuant to Articles 26 and 32 of Presidential Decree 114/2010; and against the Minister for Citizen Protection's decisions 5401/3-498356 dated 11.2.2011 and 4000/1/67-f dated 18.5.2011. The rejection of the application (and the legal consequences arising from the rejection) was an excusable error, due to the body issuing the decision having adopted misguided practices. The fear of persecution was based on  membership of a particular social group. The domestic violence endured by the Applicant in the form of psychological stress and physical violence at the hands of her husband, in conjunction with the absence of State protection, constitutes a type of gender based persecution because those actions are detrimental to human dignity and physical integrity. Similarly, her non-conformist behaviour meant that she was exposed to the State's strict laws and practices which imposed disproportionately harsh punishment on women accused of having sexual relations outside marriage.

It was held that the implementation of laws (which may be derived from traditional or cultural norms and practices such as Sharia) which conflict with international human rights standards, and also the disproportionately harsh punishment imposed for non-compliance with a policy or for violation of a law (punishment, indeed, which shows gender based discrimination) could constitute persecution.

The imposition of corporal punishment by judicial and administrative authorities is contrary to the prohibition of torture and other cruel, inhuman or degrading treatment or punishment. The Applicant's disproportionately harsh punishment by whipping or even stoning is considered to be torture and constitutes a serious form of persecution since the right to not be subjected to torture or inhuman or degrading treatment is a protected right which is not subject to any exceptions. The prohibition of torture (Article 3 of the ECHR and Article 3 of the Convention against Torture) is absolute, and a grave violation of absolute rights is, undeniably, persecution.

The importance of preserving family unity is emphasised, taking into consideration the Final Act of the Conference which adopted the 1951 Convention relating to the Status of Refugees and the Preamble to Directive 2004/83/EC.

Restriction of the right to attend church is an act of persecution and therefore a violation of Art 10 of the Qualification Directive.

This case concerned the risk that Christian converts face in Iran. The applicants, from Iran, were granted a residence permit and refugee status because their Christian belief came to the Iranian authorities' attention.

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.

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.

Rights violations resulting from a forced marriage, including the use of physical and mental violence, constitute severe violations of basic human rights in terms of Art 9.1 (a) of the Qualification Directive.

The Iranian state is neither able nor willing to protect women against persecution by relatives in case of forced marriage.

The Iranian applicants’ asylum claim was rejected by the authorities as they were not found credible. As a result of this finding, the authorities did not consider their account in light of the country of origin information on Iran. The court quashed the decision and granted refugee status to the family reasoning that the authorities are obliged to carry out a thorough and complete fact assessment.

It was found that the contradictions in the applicants' account were not relevant from the point of view of international protection. The court also ruled that the authority is obliged to clarify misunderstandings at hearings, at the same time applicants have to be given the opportunity to justify contradictions and incoherencies in their statements.

When no travel documents have been submitted the applicant can be held accountable for his failure to do so according to Art 311 (f) of the Aliens Act as the conditions of Art 4.5 of the Qualification Directive have not been established.