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Finland - Supreme Administrative Court, 24 Jan 2011, KHO:2011:8
Country of applicant: Congo (DRC)

A residence permit granted on the grounds of subsidiary protection and an aliens passport granted under the previous Aliens Act (378/1991)31 § to a Democratic Republic of Congo (DRC) national and his family members could not be withdrawn when the family moved from Finland without a prior inquiry into whether or not there were existing grounds for withdrawing the need for subsidiary protection in accordance with the Aliens Act (301/2004) 107 § 2nd clause.

Date of decision: 24-01-2011
Spain - High National Court, 17 January 2011, 680/2009
Country of applicant: Colombia

The case concerned an appeal lodged before the High National Court against the decision of the Ministry of Interior to refuse to grant refugee status based on the application of two exclusion clauses, Art 1F(a) and 1F(b) of the 1951 Refugee Convention. The applicant challenged the application of the exclusion clauses arguing an individual assessment was required, as well as evidence of participation in the crimes mentioned. The appeal was rejected. 

Date of decision: 17-01-2011
Hungary - Metropolitan Court, 28 December 2010, A.M. v. Office of Immigration and Nationality, 15.K.34.141/2009/12
Country of applicant: Afghanistan

Country of origin information can verify a situation in which the risk of persecution can exceptionally be considered to be proved without substantiating the personal circumstances of the applicant. The danger of the harm is real, and complies with the requirements of subsidiary protection.

Date of decision: 28-12-2010
Sweden - Migration Court of Appeal, 22 December 2010, UM 2244-10
Country of applicant: Syria

In order for an expulsion order to be immediately enforced it must be clear that the applicant is not at risk of persecution or similar treatment in the country of origin.

Date of decision: 22-12-2010
Germany - Administrative Court of Göttingen, 19 November 2010, 1 B 280/10
Country of applicant: Turkey

The exclusion ground “serious non-political crime” does not automatically apply to a supporter of the PKK. In contrast, an examination of the individual responsibility has to be carried out in each case.

Date of decision: 19-11-2010
France - Council of State, 20 May 2010, Ministry of Immigration vs. Mr. A. and Ms. A., n°339478

In the particular circumstances of the present case, the transfer of the asylum applicants to Greece would lead to a serious and manifestly illegal infringement of the right of asylum.

Date of decision: 20-05-2010
France - Council of State, 6 April 2010, Mr. B. and Ms. B., n°338168
Country of applicant: Armenia

The accelerated procedure (in this case, applicants from a safe country of origin) guarantees the individual assessment of the applicant’s situation and their right to a remedy with suspensive effect.

Date of decision: 06-04-2010
Hungary - Metropolitan Court, 30 September 2009, D.T. v. Office of Immigration and Nationality 17.K.33.301/2008/15
Country of applicant: China (Tibet)

Subsidiary protection can be granted if on return to their country of origin an applicant would face a real risk of torture, inhuman or degrading treatment or punishment. The question at issue was whether the reasons for such ill-treatment related to Refugee Convention persecution grounds or not. All international protection statuses require an individual threat, which cannot be indirect as the risk assessment is a future oriented examination of the possibility of a threat, along with the applicant’s individual circumstances and the probabilities of risk.

Date of decision: 30-09-2009
Hungary - Metropolitan Court, 23 September 2009, M.A.A. v. Office of Immigration and Nationality, 21.K.31484/2009/6
Country of applicant: Somalia

The Office of Immigration and Nationality (OIN) found the applicant not credible and therefore did not assess the risk of serious harm. Instead the OIN granted protection against refoulement. The Metropolitan Court ruled that the OIN was obliged to assess conditions for subsidiary protection and serious harm even if the applicant was not found credible.

Date of decision: 23-09-2009
Belgium – Council of State, 26 May 2009, Nr. 193.523
Country of applicant: Russia
The Council of State ruled that in support of an application for subsidiary protection a mere reference to the general situation in the country of origin is insufficient, and that the applicant needs to make a link between that general situation and his/her personal situation, even if no proof of an individual threat is required. The applicant’s account was found to be implausible regarding her recent stay/residence and as a result the applicant made the establishment of such a link impossible.
Date of decision: 26-05-2009