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Czech Republic, Supreme Administrative Court, 21 May 2008, L.V. v Ministry of Interior, 2 Azs 48/2007
Country of applicant: Belarus

The case concerns the extent to which decision-makers should take into account a change of circumstances or situation in the country of origin.

Date of decision: 21-05-2008
Czech Republic - Supreme Administrative Court, 26 March 2008, A.H.M. v. Ministry of the Interior, 2 Azs 71/2006-82
Country of applicant: Nigeria

The Supreme Administrative Court defined the standard of proof of a “reasonable likelihood” of persecution and a “real risk” of serious harm. Where these criteria are met, the court must give precedence to international commitments and not apply the mandatory national rules of procedure (e.g. for an action that is out of time).

Date of decision: 26-03-2008
ECtHR – Saadi v. Italy, Application No. 37201/06, 28 February 2008
Country of applicant: Tunisia

The applicant, a Tunisian national, having served a sentence in Italy on the charge, among others, of criminal conspiracy, faced deportation from Italy to Tunisia, where he risked ill-treatment.

The Court found that the deportation of the applicant to Tunisia would constitute a violation of Article 3 ECHR. The absolute nature of Article 3 meant that the conduct of the applicant was irrelevant for the purposes of Article 3.

Date of decision: 28-02-2008
Greece - The Council of State, 5 February 2008, 441/2008
Country of applicant: Turkey

Application for annulment of a decision by the Minister of Public Order 

The case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law. Final conviction for a particularly serious crime is not sufficient legitimate justification for an act of deportation.; instead, the Administration is required to issue a specific ruling that the convicted refugee, given the circumstances under which he committed the offence and his personality, is thereafter a risk to the community as a whole to such an extent that his stay in Greece is no longer tolerable and that his immediate removal from the country is required.

A threat to the legal interests of public order does not constitute a reason to revoke refugee status as this is not explicitly referred to in the reasons for terminating refugee status in accordance with Article 1C of the 1951 Convention. Furthermore, it falls within the competence of the Council of State to annul a ruling, issued by relying on Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees, which involves the deportation of an alien who has been recognized as having refugee status under the said international Convention and who continues to have refugee status.

The case also considered the lack of competence of the body which issued the contested decision (General Secretary of the Ministry of Public Order instead of the competent Minister for Public Order). 

Date of decision: 05-02-2008
Greece - Council of State, 11 October 2005, 3337/2005
Country of applicant: Afghanistan

Application for annulment of a decision by the Minister of Public Order 

The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.

The case also addressed the deficient reasoning for the deviation in the Minister for Public Order's decision from the opinion issued by the competent Committee.  

Date of decision: 11-10-2005
Greece - Council of State, 12 July 2005, 2232/2005
Country of applicant: Iraq

Application for annulment of a decision by the Minister of Public Order 

The contested ministerial decision, which held that the applicant's application for recognition as a refugee should be rejected because  threats emanating from non-state actors do not constitute a well-founded fear of persecution within the meaning of the 1951 Convention, is in direct violation of Article 1A(2) of the 1951 Convention.

Date of decision: 12-07-2005
Greece - Thrace Appeal Council, July 2005, Application No. 139/2005
Country of applicant: Azerbaijan

Rejection of an extradition request by Azerbaijan in a case where the wanted person had been recognised as a refugee by Germany. Azerbaijan's request for extradition because of acts contrary to common criminal law was a premise aimed at stifling the wanted person's political opposition to the extraditing country's government. Azerbaijan was requesting extradition for political reasons.

Date of decision: 07-07-2005
ECtHR - Said v. the Netherlands, Application no. 2345/02, 5 July 2005
Country of applicant: Eritrea

The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.

Date of decision: 05-07-2005
ECtHR - Mamatkulov and Askarov v. Turkey, Application Nos. 46827/99 and 46951/99, 4 February 2005
Country of applicant: Uzbekistan

The case involved two Uzbek nationals who were extradited to Uzbekistan by Turkey after Uzbekistan claimed they had committed terror-related crimes, while the applicants countered that they were political dissidents and would face ill-treatment and torture if returned. Despite the Court ordering interim measures to defer, Turkey extradited both and they were sentenced to terms of imprisonment. The Court found no violations of Art. 2, 3, or 6, but did find a violation of Art. 34 for Turkey’s non-compliance with the interim measures. 

Date of decision: 04-02-2005
Poland - Supreme Administrative Court in Warsaw, 4 June 2002, V SA 2817/01
Country of applicant: Russia

When assessing an application for refugee status, what is important is whether the acts of persecution were carried out for the reasons identified in the Geneva Convention, and not whether or to what extent the victim of persecution can be identified with those reasons.

Fear of persecution within the meaning of Article 1A(2) of the Geneva Convention need not mean that persecution is certain or even probable. Recognition of refugee status is already justified where there are reasonable grounds for asserting the possibility of persecution. “Possibility” means that persecution may take place although it is neither certain nor probable, and the “reasonable grounds” requirement indicates the need to establish real and objective evidence of the risk of persecution. The plausibility of the threat is shown by the situation in the country of origin of the person applying for refugee status as well as that person’s experience to date.

Date of decision: 04-06-2002