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Belgium - Council of State, 16 February 2012, No. 218075
Country of applicant: Unknown

The real risk of suffering the type of serious harm envisaged in Article 15(b) of the Qualification Directive (torture and inhuman or degrading treatment) may be established by an Applicant who proves that he is a member of a group systematically targeted for such harm and who does not put forward any other circumstances relating to his individual case. 

Date of decision: 16-02-2012
Relevant International and European Legislation: Art 15 (c),Art 15 (b),Article 3
Slovenia - Administrative Court of the Republic of Slovenia, 14 february 2012, I U 42/2012,
Country of applicant: Afghanistan

When reaching a decision, the Defendant should have protected the best interest of the child. Taking into account the fact that the Applicant is a minor and providing legal representation for a minor applicant, are necessary elements in the process of demonstrating and establishing the facts. The principle of protecting the best interest of the child has to be enforced when assessing the risk that the absolute rights of the child might be violated if he is returned to his country of origin and needs to be reflected in the Defendant’s burden of proof as well as in the rules and standards of  evidence (in relation to subsidiary protection).

The Defendant should already have started searching for parents during the procedure for international protection and not only once the procedure for removing the child from the state has begun.   

Threats and violence against a person’s family members can be considered as acts of persecution where that person is connected to the facts which previously led to the violence..

The Plaintiff needs to state all circumstances known to him in relation to his persecution; however he does not need to establish a material and legal connection between the persecution and the reasons for persecution.

The fact that somebody is a child in Afghanistan can mean that he belongs to particular social group.

Date of decision: 14-02-2012
Relevant International and European Legislation: Art 17,Recital 12,Art 20,Article 24,Art 24.2,Art 24.3,Art 20.5,3.,Article 3,UN Convention on the Rights of the Child
France - National Asylum Court, 13 February 2012, M.D., No. 11026661
Country of applicant: Saudi Arabia

The fears of an Applicant originating from a refugee camp near Tindouf were considered with regard to the Self-Proclaimed Sahrawi Arab Democratic Republic (SADR), taken as a de facto authority. 

Date of decision: 13-02-2012
Relevant International and European Legislation: Art 1A (2),Art 7,Art 10,Art 6
Italy - Bari Court, 27 January 2012, No. 1836/2011
Country of applicant: Iraq

Beneficiaries of subsidiary protection and asylum seekers can marry even in the absence of official documentation stating there are no impediments to matrimony in situations where documentation provided shows that the conditions for marriage have been met (age and single status).

Date of decision: 27-01-2012
Relevant International and European Legislation: Art 22
Italy - Court of Cassation, Civil Division VI, 25 January 2012, R.G. 25293/2011
Country of applicant: Ghana
Date of decision: 25-01-2012
Relevant International and European Legislation: Art 8
Sweden - Migration Court of Appeal, 20 January 2012, UM 4609-10
Country of applicant: Angola

The judgment of the European Court of Human Rights (ECtHR) in R.C. v. Sweden (Application no. 41827/07) has a definitive impact on how protection needs are assessed and the scope of the duty of Swedish courts and authorities to investigate claims of torture.

Date of decision: 20-01-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 15 (a),Art 15 (b),Art 4,Art 8,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 15,Article 46
Greece - Special Appeal Committee, 19 January 2012, A.R. v Chief of Security and Order of the (former) Ministry of Public Order, Application No. 95/51447
Country of applicant: Afghanistan

The Applicant’s objective fear was not considered well-founded as persecution was not considered reasonably likely. It was held that there was a reasonable likelihood that, should he return, the Applicant would be forced to live as an internally displaced person in degrading conditions because he lacked the family network that would be required in order to reintegrate him into his homeland socially and financially. Exposure to extreme living conditions constitutes degrading treatment and deporting a person to a country where he would be subject to such conditions violates Article 3 of the ECHR. Subsidiary protection status was therefore granted.

Date of decision: 19-01-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 33,Para 38,Para 41,Para 42,Para 39,Para 40,Para 51,EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Art 25.2,Art 25.3,Article 3,Article 15
Hungary - Metropolitan Court, 17 January 2012, M.A.A. v Office of Immigration and Nationality (OIN), 6.K.34663/2009/36
Country of applicant: Syria

The Syrian Kurdish Applicant has been persecuted and tortured for his nationality and imputed political opinion.

Date of decision: 17-01-2012
Relevant International and European Legislation: Art 10,Art 4,Art 1A,Art 9.1,Para 43,Article 3
Italy - Trieste Court, 14 January 2012, No. RG 479/2011
Country of applicant: Rwanda

A risk of persecution of a refugee can extend in time beyond the period during which the actual events took place that resulted in a flight in search of protection. The risk should be assessed taking into account all the evidence and documentation at the Applicant’s disposal.

Date of decision: 14-01-2012
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1
Finland - Supreme Administrative Court, 13 January 2012, KHO:2012:1
Country of applicant: Iran

Although the asylum seeker has been unable to offer any credible account of the death penalty allegedly imposed on him due to his homosexuality, it must nevertheless be assessed whether, he has grounds to fear persecution or is in real danger of suffering serious harm in his home country due to his sexual orientation, and what weight must be given to the fact that he must hide his homosexuality to avoid this kind of threat. The judgments of the Administrative Court and the Immigration Service were overturned and the case was returned to the Immigration Service for further consideration. 

Date of decision: 13-01-2012
Relevant International and European Legislation: Art 9,Art 10.1 (d),Art 15,Art 4,UNHCR Handbook,Article 2,Article 18,Article 19,Article 3