Case summaries

The Administrative Court overturned a decision of the Immigration Service and granted the applicant asylum on the grounds that his political activities in the Democratic Party of Iranian Kurdistan (KDPI) may be known to the Iranian authorities. 

Even if an asylum applicant meets the conditions for provding subsidiary protection, he will be excluded from eligibility for subsidiary protection if there are serious grounds for believing that he represents a danger to society or a danger to the Member State in which he is staying.

It follows from the decision of the European Court of Human Rights that signatory states to the Convention (Convention for theProtection of Human Rights and Fundamental Freedoms) are under an obligation not to hand over/deport a person to a country where he might be at risk of treatment which is contrary to Article 3 of the Convention. In the case in question, however, the subject of the judicial review was not the decision to deport the Appellant, but the Respondent’s decision not to grant asylum and not to provide subsidiary protection as requested by the Appellant.

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.

A single woman from Nigeria (Urhobo) was eligible for protection from deportation under Section 60 (7) sentence (1) of the Residence Act due to a threat of female genital mutilation (FGM) and forced marriage. The economic and social situation in Nigeria is difficult and tense even for the vast majority of the population. The situation is much worse for single women as women in Nigeria are exposed to multiple discrimination. To a large extent they are under legal incapacity, so that in practice they are only in a position to protect their own interests if they are supported by their family.

The case concerned an appeal before the Supreme Court lodged by the Attorney General against the decision of the High National Court to grant refugee status. Status was granted to a Moroccan army deserter on the basis of a well founded fear of persecution on the grounds of political opinion. At issue on appeal was whether refugee status was granted based upon a fear of persecution resulting from the army desertion (which took place in Morocco), or due to the imputed political opinions that had arisen since his desertion (which arose in Spain): i.e. whether the applicant was a refugee sur place.

The Supreme Court of the Slovak Republic held that only such threats to life or liberty as are tolerated, encouraged or accompanied by official authority can be regarded as persecution within the meaning of Section 8 of the Asylum Act, while problems with private individuals cannot be a ground for granting asylum, as long as the political system in the country of origin affords citizens the possibility of defending their rights before state authorities.

A group can be considered to be a particular social group when the members of the group share innate characteristics or a common background which cannot be changed, or when they share a characteristic or belief that is so fundamental to their identity or conscience that a given individual should not be compelled to renounce it, and the group is seen to be different by the surrounding society. Depending on the circumstances in the country of origin, a particularsocial group may be based on a common characteristic of sexual orientation, but such orientation may not be understood to include acts that are considered punishable under a specific regulation.

In the situation which currently prevails in Algeria, while homosexuality is in some ways tolerated by society, as long as it is not explicitly expressed by the behaviour or the clothes, individuals who openly manifest their homosexuality may nevertheless be subjected to intimidation in their social environment and by the security forces. In addition, legislation punishes homosexuals by a prison sentence and a fine.

Academics are not a particular social group in the context of the refugee definition.

The practices used by the authorities of a given country in order to exclude some citizens, members of a minority, from nationality can be considered as persecution since they are linked to one of the grounds listed in Article 1A(2) of the 1951 Refugee Convention.

The decision of the asylum authority was annulled on the basis that there was insufficient evidence that an internal protection alternative existed.