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Slovenia - Supreme Court of the Republic of Slovenia, 21 November 2012, I Up 509/2012
Country of applicant: Serbia

The Applicants are not members of a particular social group as defined by the Convention relating to the Status of Refugees, as neither their statements, nor the generally available information would indicate that Serbia considers their citizens originating from Kosovo as a particular group with specific characteristics.

Relying upon the jurisprudence of the ECtHR in relation to ECHR, Article 3 and the decision of the Constitutional Court Up-96/09, as referred to by the court of first instance, the Supreme Court ruled that minimal social and economic protection for an individual who is dependent on state aid does not represent a violation of dignity and therefore does not provide sufficient grounds for subsidiary protection. Poor socio-economic conditions, in which the majority of inhabitants of an individual country have found themselves, do not represent sufficient grounds for subsidiary protection. 

Date of decision: 21-11-2012
Relevant International and European Legislation: Art 15,Art 10,Art 23,Art 33,UNHCR Handbook,Article 4,Article 3
Germany - Federal Administrative Court, 14 November 2012, 10 B 22.12
Country of applicant: Afghanistan

In the context of the prediction of danger required for subsidiary protection, it is the actual target location to which the foreign national intends to return which is relevant in the case of a non-countrywide armed conflict. If the region of origin of the foreign national cannot be considered as a target location due to the danger presented there, he may only be referred to another region of the country according to the requirements of Article 8 of the Qualification Directive.

Date of decision: 14-11-2012
Relevant International and European Legislation: Art 15,Art 4.4,Art 8.1,Art 8.2
UK - Upper Tribunal, HM and others (Article 15(c)) Iraq CG, [2012] UKUT 409 (IAC)
Country of applicant: Iraq

This case concerns whether there is an armed conflict in Iraq which meets the threshold of indiscriminate violence set out in Article 15(c) Qualification Directive, such that all applicants from Iraq require subsidiary protection.

Date of decision: 12-11-2012
Relevant International and European Legislation: Art 15 (c),Art 15 (b),Art 2 (e),Recital 26,Article 2,Article 3
UK - Court of Appeal , Kadri, R (on the application of) v Birmingham, City Council & Anor, [2012] EWCA Civ 1432
Country of applicant: Afghanistan, Iran

In this case the applicants argued unsuccessfully that the decision of the UK designated authority for determining asylum claims (the Secretary of State for the Home Department) regarding an applicant’s age should be accepted by other government bodies.

Date of decision: 07-11-2012
Relevant International and European Legislation: Art 4.2,Art 4.3,Art 4,Art 39,Art 29,Art 17,Art 17.6,Art 38,Art 30,Art 39.1 (a),Art 39.1 (e),EN - Treaty on the Functioning of the European Union 2010/C 83/01 - Art 288
Sweden - Migration Court of Appeal, 25 October 2012, UM287-10, MIG 2012:14
Country of applicant: Iraq

An Iraqi man, previously a member of the Ba'ath Party, was granted refugee status. There were not found to be any grounds for exclusion. The man's son was also granted refugee status, with reference to the principle of family unity.

Date of decision: 25-10-2012
Relevant International and European Legislation: Art 12.2,Art 12.3,Art 1F,Para 184,Para 185,Para 155,Para 152,Para 203,Para 204,Para 147,Para 149,Para 162,Para 163,Para 156,Para 157,Para 150,Para 151,Para 153,Para 154,Para 158,Para 159,Para 160,Para 161,Para 143,Para 186
France - National Asylum Court, 18 Octobre 2012, Mlle K., No. 12015618
Country of applicant: Congo (DRC)

Persecution at the hands of political authorities acting for political reasons and with a political objective although not arising from the actual or imputed opinions of the individual concerned.

Date of decision: 18-10-2012
Relevant International and European Legislation: Art 1A (2),Art 10.1 (e)
Spain - Supreme Court, 10 October 2012, 6761/2012
Country of applicant: Syria

The case refers to an appeal to the Supreme Court brought by the appellant against the High National Court’s decision to deny asylum.

The appellant is a Syrian national of Kurdish ethnicity and claims to be affiliated to the Kurdish political party “Azadi Akrad Siria” and to carry out political propaganda activities on their behalf.The Court affirms the denial of asylum and furthermore excludes the appellant from having the status of refugee sur place, even though the situation in Syria has changed since the application for asylum was lodged.However, taking into account the severe deterioration of the socio-political situation in Syria, the Supreme Court recognises the appellant’s right to remain in Spain on humanitarian grounds.

Date of decision: 18-10-2012
Relevant International and European Legislation: Art 15,Art 5,Art 4,Art 8,Art 38,Para 95,Para 96
Poland - Regional Administrative Court in Warsaw, 17 October 2012, V SA/Wa 944/12

The appeal authority is obliged to assess the case on the basis of all the evidence and to provide proper grounds for its decision. It is not sufficient, therefore, to state in general terms that the second-instance authority shares the position of the head of the Polish Office for Foreigners and the arguments put forward by him. If the principle of two-instance administrative proceedings is to be observed, it is not enough to assert that two decisions by two authorities of different rank were issued in the given case.

Date of decision: 17-10-2012
Relevant International and European Legislation: Art 1A (2),Art 2,Art 39,Art 23
Belgium - Council for Alien Law Litigation, 17 October 2012, No. 89927
Country of applicant: Guinea

The CALL held that the fact the Applicant had already suffered very severe genital mutilation (type III – infibulation) was a serious indicator of a well-founded fear of persecution due to her membership of a particular social group. 

Date of decision: 17-10-2012
Relevant International and European Legislation: Art 1A (2),Art 10.1 (d),Art 4.4,Art 9.2 (f),Art 6 (c)
Sweden - Migration Court of Appeal, 12 October 2012, UM 1173-12, MIG 2012:12
Country of applicant: Somalia

Three Somali girls were considered to have a well-founded fear of being forced to undergo female genital mutilation and therefore gender-based persecution, which entitled them to be granted refugee status.

Date of decision: 12-10-2012
Relevant International and European Legislation: Art 9,Art 15,Art 4,Art 8.2,Art 13,UNHCR Handbook,Art 2 (c)