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Belgium – Council of State, 31 October 2010, Nr. 164.283
Country of applicant: Iran
This case confirmed that discriminatory treatment can amount to persecution in certain circumstances. The Council of State ruled that problems of discrimination cannot be automatically dismissed as insufficiently weighty to amount to persecution. Discrimination can have such severe consequences that it falls within the scope of the Refugee Convention.
Date of decision: 31-10-2010
Finland - Helsinki Administrative Court, 25 Oct 2010, 10/1389/1
Country of applicant: Iran

Subsidiary protection was granted on grounds that the applicant, from Iran, could be at risk inhuman or degrading treatment. The applicant based his asylum claim on the political activities of his brother in his country of asylum, as well as his own participation in protests in Iran. The Court found that after having spent two years in Finland as an asylum seeker it was likely that the applicant would be of special interest to the Iranian authorities.

Date of decision: 25-10-2010
Germany - High Administrative Court Nordrhein-Westfalen, 17 August 2010, 8 A 4063/06.A
Country of applicant: Ethiopia

The applicant was granted refugee status because of political activities in exile. In the case of applicants from Ethiopia, a risk of persecution is not restricted to leading personalities of the opposition in exile as the Ethiopian government has shown an interest in recording the names and functions of all political opponents.

Date of decision: 17-08-2010
Sweden - Migration Court, 13 July 2011, UM 1238-11
Country of applicant: Kuwait

Bidoons in Kuwait are not issued with ID documents and are denied work, school and medical care. Despite the quality of the documents the applicant submitted he was considered to have established his affiliation as an unregistered Bidoon. The Court found that he had a well-founded fear of being subjected to further persecution as an unregistered Bidoon and that he qualified for refugee status. He was granted permanent residence as a refugee.

Date of decision: 13-07-2010
UK - Supreme Court, 7 July 2010, HJ (Iran) v Secretary of State for the Home Department [2010] UKSC 31
Country of applicant: Cameroon, Iran
Homosexuals are members of a particular social group being defined by the immutable characteristic of their sexuality.
 
Asylum should not be refused to a homosexual person on the basis that it could be considered reasonably tolerable, if returned to their home country, for him or her to deny their identity and conceal their sexuality in order to avoid being persecuted.
Date of decision: 07-07-2010
Spain - Supreme Court, 30 June 2011, 1519/2010
Country of applicant: Colombia

The applicant claimed asylum in 2006 (along with her children) alleging a well founded fear of persecution on the grounds of political opinion. The application was refused in the initial procedure and on appeal.  She returned to Colombia and two years later, returned to Spain and reapplied for asylum and was again refused. She lodged an appeal before the Supreme Court and was granted subsidiary protection.

Date of decision: 30-06-2010
Finland - Helsinki Administrative Court, 29 June 2010, 10/0868/1
Country of applicant: Iran

The applicant, from Iran, claimed asylum based on his political opinion and religious belief (the applicant converted from Islam to Christianity on arrival in Finland). Refugee status was refused as the applicant failed to establish that he had come to the attention of the authorities through political activities or religious practices. A residence permit was granted based on subsidiary protection. The Court relied on the applicant’s conversion to Christianity, evidence of harassment of Christians in Iran and the overall deteriorating human rights situation.

Date of decision: 29-06-2010
Belgium – Council for Alien Law Litigation, 24 June 2010, Nr. 45.395
Country of applicant: Somalia
The Council for Alien Law Litigation (CALL) held in a general assembly decision that the applicant’s opposition to the Female Genital Mutilation (FGM) of her daughter should be taken as the expression of a political opinion. Further, that when assessing the nationality of the applicant it is important to take into account their specific profile.
Date of decision: 24-06-2010
Slovakia - R. v Ministry of the Interior of the Slovak Republic, 22 June 2010, 1Sža/51/2010
Country of applicant: Turkey

The threat of punishment for an act that is regarded as a crime in the country of origin is not a reason for granting asylum.

Date of decision: 22-06-2010
Finland - Supreme Administrative Court, 18 June 2010, 2776/1/09
Country of applicant: Russia

The decision of the Administrative Court to refuse the applicant an oral hearing was overturned. The SAC held the Administrative Court did not show the Qualification Directive (which was implemented during the proceedings) had been applied and that the Administrative Court failed to take into consideration that as an asylum seeker the applicant had limited possibilities of supporting his claim by submitting written evidence only.

Date of decision: 18-06-2010