Case summaries

The case examines the allegations of an Afghan national that the extension of his detention for an additional two months had been unlawful and contrary to Article 5(1) of the Convention and that he had not had at his disposal an effective remedy for the review of his detention in violation of Article 5(4) ECHR. 

Applications for leave to remain were rejected as the Applicant had already been granted refugee status in another EU state. No grounds supporting an examination of the asylum applications in Sweden emerged in the case.

The Court recognised the Applicant as a refugee because he would be at risk of persecution due to his political opinions upon returning to his home country.

This case concerned forced child labour in ther country of origin and sexual exploitation of the daughter of an Ethiopian father and an Eritrean mother, strained relations between the two countries, mass expulsions on the basis of ethnic origin, absence of a family network in the country of origin, total illiteracy, unequal treatment of single women, and an inability to integrate into society.

In relation to the absence of a family network, the case considered the stigma which may be suffered as a member of the particular social group of “single women in Ethiopia”.

Should she return to Ethiopia, it was considered likely that the Applicant would be totally ostracised to such an extent that she would be unable to integrate into society and enjoy her legal rights.

In principle both parents may claim the right to join an unaccompanied minor refugee.  

This right to join a child will only apply up until the point that the latter comes of age.

Parents may present a claim for a visa by means of an application for temporary legal protection before the child comes of age. 

The Court refused to give two Applicants, who had both been granted asylum by the Czech Republic, permission to seek judicial review of the Refugee Applications Commissioner’s (ORAC) decisions not to admit their asylum claims for consideration on the basis of section 17(4) of the Refugee Act 1996, and also refused similar relief sought in respect of subsequent Deportation Orders, which it was claimed were unlawful owing to the unlawfulness of the former decisions regarding the Applicants’ asylum claims.

The relevant section precludes the Minister from granting a declaration of refugee status to persons who already have asylum pursuant to the Geneva Convention, and whose reason for seeking a declaration in Ireland does not relate to a fear of persecution in that state.

The Court held that they had not provided sufficient evidence that they had suffered or feared persecution for a Convention reason, and neither had they shown that they had taken any steps to avail of the protection of the laws or courts of the Czech Republic, nor provided a reasonable explanation as to why they did not do so.

Both Applicants were also formally refused an extension of time within which to bring their proceedings on the basis that (a) the criteria for the extension of time had not been met and (b) the substantive merits of their applications were insufficient to ground their applications seeking judicial review, even if they had been within time.

Female genital mutilation constitutes an act of persecution relating to membership of a particular social group and, if it is established that such mutilation could specifically affect the  Applicant, constitutes a reason for granting refugee status under Article 2 and subsequent articles of Legislative Decree No 251 of 19.11.2007, implementing Directive 2004/83/EC.

The case concerns the examination of an asylum claim by the Austrian authorities and assessment of a real risk that the applicant would be subjected to treatment contrary to Article 3 of the ECHR if expelled to Russia. 

An applicant of Palestinian origin was granted refugee status.  UNWRA assistance ceased for reasons beyond the applicant’s control, and therefore the applicant is entitled ipso facto to the benefits provided by the Convention. Consequently, refugee status must be granted automatically. 

It is the duty of the Applicant to show that he has been persecuted or is at serious risk of persecution. He should describe that persecution and present it to the fullest extent possible, showing how it relates to him in particular. Lack of acceptance by one’s family, social ostracism, and the negative perception of people of a different sexual orientation do not constitute grounds for according refugee status. However, given that the foreigner’s illness (AIDS) is at a very advanced stage and that he is undergoing treatment for epilepsy, it is necessary to consider whether deportation to his country of origin would violate his right to life.