Case summaries

The applicant was recognised as a refugee because of a threat of forced marriage in Afghanistan. The court found that rights violations resulting from forced marriage, including the use of physical and psychological violence, constitute severe violations of basic human rights according to Art. 9 (1) (b) of the Qualification Directive. The applicant belonged to the particular social group of "unmarried women from families whose traditional self-image demands a forced marriage." The Afghan State is neither willing nor able to protect women against persecution in case of forced marriage. Internal protection was not available to the applicant.

It is in principle possible for men to be persecuted on account of their gender. However, classifying the punishment for extramarital sex in Afghanistan as persecution on account of both membership of the group of men and the group of women would cover the entire society and renders the definition meaningless. Therefore, the applicant was not granted refugee status but his deportation was prohibited under Section 60 (2) of the Residence Act / Art 15 (b) of the Qualification Directive.

Prostitutes who come from the State of Edo, and who are both victims of human trafficking and anxious to extricate themselves actively from these networks, form a group whose members are, by reason of these two common characteristics which define them, likely to be subjected to persecution within the meaning of Article 1A(2) of the 1951 Refugee Convention, without being able to avail themselves of the protection of the Nigerian authorities. They are members of a particular social group.

Refugee status was granted to an Algerian woman who was at risk of forced marriage due to membership of a particular social group.

The case refers to an appeal before the High National Court brought by the Appellant against the decision of the Central Court for Contentious-Administrative Proceedings to uphold the Ministry of the Interior’s denial of asylum.

The Appellant is a Nigerian national.In the application she claimed that when her father died, she was left in debt to the chief of the tribe to which they belonged.In order to settle the debt, the Applicant was forced to marry the tribal chief and was kept as a prisoner.

Therefore, the High National Court upheld the Applicant’s appeal as it deemed the situation suffered by women in Nigeria, and particularly forced marriage, constitutes a form of persecution for membership of a particular social group.

A mother of two children was recognised as a refugee as there was sufficient probability of her being forced to undergo sterilisation in China due to violation of the one child policy. Forced sterilisation constitutes a violation of the basic human right to physical integrity and human dignity to such an extent that it is without doubt relevant under Section 60 (1) of the Residence Act. / Art 1 A 2 of the 1951 Refugee Convention.

Rights violations resulting from a forced marriage, including the use of physical and mental violence, constitute severe violations of basic human rights in terms of Art 9.1 (a) of the Qualification Directive.

The Iranian state is neither able nor willing to protect women against persecution by relatives in case of forced marriage.