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Spain: National Court. Chamber of Contentious-Administrative Proceedings, 26 December 2013, Appeal No. 327/2012
Country of applicant: Iran

The case appeals a decision of the Ministry of Interior to deny asylum and subsidiary protection considering the alleged crimes against humanity committed by the appellant, national of Iran. He was a member of a declared criminal organization. The Court analyses his adherence to the organisation following a proportionality approach. It addresses the need to examine the existence of substantial proof of the commission of crimes against humanity when applying the exclusion clauses to deny international protection. 

 

Date of decision: 26-12-2013
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.5,Art 1F(a),EN - Recast Asylum Procedures Directive 2013/32/EU of the European Parliament and of the Council,Article 3,Art. 3
Sweden - Migration Court of Appeal, 20 December 2013, UM 5693-13

The Migration Court committed serious breaches of procedure in an asylum case (in which grounds arising sur place were cited), as the Court failed to respond to all requests, state its assessment of political activity sur place, or communicate important written documents.

Date of decision: 20-12-2013
Relevant International and European Legislation: Art 4.3,Art 5,Art 8.2,Art 9.2,Art 8.4
ECtHR - T.K.H. v. Sweden, Application No. 1231/11
Country of applicant: Iraq

The seven year time lapse since the Sunni Muslim Applicant’s former service in the Iraqi army, no evidence of future risk arising from previous injuries, and no medical reasons preventing return, led the majority to find that return to Iraq would not violate the applicants rights under Articles 2 or 3.

Date of decision: 19-12-2013
Relevant International and European Legislation: Art 15 (c),Article 2,Article 3
ECtHR - T.A. v. Sweden, Application No. 48866/10
Country of applicant: Iraq

Internal contradictions in the Sunni Muslim Applicant’s account, coupled with the time lapse since the relevant acts of persecution, led the majority to conclude that his return to Iraq, despite former employment with US-backed security companies, would not violate Articles 2 or 3.

Date of decision: 19-12-2013
Relevant International and European Legislation: Art 15 (c),Article 2,Article 3,Article 8
ECtHR - B.K.A. v. Sweden, Application No. 11161/11
Country of applicant: Iraq

The reasonable possibility of relocation to the Anbar governorate rendered a Sunni Muslim’s return to Iraq Article 3 compliant in spite of the personal risk he faced in Baghdad from a blood feud. His former membership of the Ba’ath party and military service was no longer regarded as a threat by the Court.

Date of decision: 19-12-2013
Relevant International and European Legislation: Art 15 (c),Article 3
CJEU - C-394/12, Shamso Abdullahi v Bundesasylamt
Country of applicant: Somalia

This ruling concerned the scope of judicial review when reviewing compliance with the criterion of Article 10(1) for determining responsibility for examining an asylum application under Regulation 343/2003. The Court held that Art. 19(2) of the Regulation must be interpreted as meaning that, in circumstances where a Member State has agreed to take charge of an applicant for asylum on the basis of the Art. 10(1) criterion the only way in which the applicant for asylum can call into question the choice of that criterion is by pleading systemic deficiencies in the asylum procedure and in the conditions for the reception of applicants for asylum in that Member State, which provide substantial grounds for believing that the applicant for asylum would face a real risk of being subjected to inhuman or degrading treatment within the meaning of Art. 4 of the Charter.

Date of decision: 10-12-2013
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Article 18,Article 47,Recital 29,Recital (3),Recital (4),1.,Article 10,Article 13,Article 16,Article 17,Article 18,Article 19,Article 27,Article 37
Sweden - Migration Court of Appeal, 9 December 2013, UM 1412-13, MIG 2013:23
Country of applicant: Syria

A transfer in accordance with the Dublin Regulation does not require the Swedish Migration Board to investigate ex officio whether there are deficiencies in the asylum system in Italy. The transfer does, however, breach the right to a family life, in accordance with Article 8 of the European Convention on Human Rights.

Date of decision: 09-12-2013
Relevant International and European Legislation: Art 21,Article 7,2.,Article 15,Article 3,Article 8
Austria - Asylum Court, 29 November 2013, B1 431721-1/2013
Country of applicant: Afghanistan

An application for international protection lodged by an Afghan who illegally entered Austria was rejected. The Court found that the applicant had no well-founded fear of persecution in his country of origin nor was he to be granted the subsidiary protection status.  

Date of decision: 29-11-2013
Relevant International and European Legislation: Art 2,Art 9,Art 15,Art 10,Art 4,Art 8,Art 1,ECHR (Sixth Protocol),ECHR (Thirteenth Protocol),Article 2,Article 3,Article 8
Sweden - Migration Court of Appeal, 26 November 2013, UM 1590-13, MIG 2013:19
Country of applicant: Syria

A stateless Palestinian woman from Syria who was registered with the UNRWA but who was no longer receiving support from the organisation was granted refugee status by the Migration Court of Appeal, and the case was returned to the Swedish Migration Board for re-examination of the period of validity of the residence permit.

Date of decision: 26-11-2013
Relevant International and European Legislation: Art 12.2 (c),Art 1A,Art 12.1 (a),Art 1D,Art 24.1,EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288
CJEU - C-199/12, C-200/12 and C-201/12, Minister voor Immigratie en Asiel v X, Y and Z
Country of applicant: Senegal, Sierra Leone, Uganda

LGBTI asylum seekers (1) may be members of particular social group, (2) cannot be expected to conceal or restrain their expression of sexual orientation to reduce risk of persecution. (3) All criminalisation does not per se amount to persecution, but imprisonment actually applied does.

Date of decision: 07-11-2013
Relevant International and European Legislation: Art 1A (2),Art 1,Art 4.3,Art 9.2,Art 10.1 (d),Art 2 (k),Art 9.3,Art 4.4,Recital 3,Recital 10,Recital 17,Art 13,Art 9.1,Recital 16,Art 2 (c),Article 1,Article 2,Article 4,Article 7,Article 18,Art 5.1,Art 49.1,Art 49.2,Article 8,Article 14,Article 15