Case summaries

An unaccompanied minor from Mongolia was granted a residence permit on the gounds of “particularly distressing circumstances”. The Court held that the applicant would be in a very fragile and vulnerable position if returned as she was a minor without a family or a social network, she suffered from psychological problems and would be forced to live in an orphanage. The Court noted that child labour, child abuse and the sexual exploitation of children are problems in Mongolia and that it is a source and transit country for trafficking.

A young couple (both minors) were eligible for subsidiary protection as they risked being the victims of honour-related violence in their country of origin. The Migration Court of Appeal concluded that in this particular case, it would be unreasonable to ask the applicants to have sought the protection of domestic authorities.

An Egyptian transgender woman, who first underwent gender reassignment surgery and hormone treatment in Austria, was recognised as a refugee as it was accepted that there were problems with the police,  a refusal to issue her a passport using her new personal data and social issues of an intensity relevant to asylum matters.

According to the Qualification Directive, forced marriage, along with domestic violence and issues of faith, can be considered as persecution on a cumulative basis having regard to the situation in the country of origin.

In assessing state protection, a judge must look, notwithstanding a general sufficiency of protection in a country, to the individual circumstances of the applicant. In assessing whether an appellant’s individual circumstances give rise to a need for additional protection, account must be taken of past persecution (if any) so as to ensure the question posed is whether there are good reasons to consider that such persecution (and past lack of sufficient protection) will not be repeated. When considering whether past persecution is a serious indication of a well founded fear under Article 4(4) of the Qualification Directive, Recital 27 to the Directive indicated that the past ill treatment of family members was also relevant.

This case concerned the concept of “particular social group." The CALL held that persons of the same sex can, in certain societies, be considered as a “particular social group.” The applicant, a victim of forced prostitution, was granted international protection on the basis of her belonging to the social group of women.

The House of Lords confirmed that in addition to establishing a real risk of harm, the applicant would also have to show that their state has failed to provide reasonable protection. 

Sexual violence, assault and forced prostitution was not considered sufficient for subsidiary protection to be granted since it had not been shown that the authorities lacked will or were unable to offer protection.

The case concerned an appeal submitted before the Supreme Court against the decision of the High National Court to refuse refugee status on the grounds that it was not established that the persecution alleged against the applicants was individually and personally targeted. The Supreme Court found that the High National Court erred in requiring a higher standard of proof than what was needed. The High National Court had required the applicant to demonstrate ‘conclusive evidence’ (“full evidence”) of persecution, however, a lower standard of evidence was required by the law.

The appellants argued that they were at risk of re-trafficking and would not find protection anywhere in Albania. The tribunal agreed, and laid down country guidance on the risks facing trafficked women and the absence of effective protection from these risks.