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Netherlands - AJDCoS, 13 January 2010, 200904515/1/V1
Country of applicant: Iran
Keywords: Refugee sur place

Art 5 of the Qualification Directive does not require that the relevant activity, in relation to a sur place claim that gives rise to well-founded fear of persecution, is a continuation of previous activities performed in the country of origin.

Date of decision: 13-01-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 5
Germany - High Administrative Court of Bavaria, 11 January 2010, 9 B 08.30223
Country of applicant: Rwanda

Revocation of refugee status was lawful for a leading member of an organisation which has committed war crimes, crimes against humanity and acts contrary to the purposes and principles of the United Nations (president of the Forces Démocratiques pour la Libération du Rwanda - FDLR).

Date of decision: 11-01-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12.2 (c),Art 3,Art 12.3,Art 1F,Art 12.2 (a),Art 14.3 (a)
France - CNDA, 23 December 2009, Ms. K., n° 636547/08017005
Country of applicant: North Korea, South Korea
Keywords: Country of origin

The protection provided by the 1951 Refugee Convention can only be afforded if it is established that the asylum applicant, for a valid reason linked to one of the grounds listed in Art 1A(2) of this Convention, is unable or unwilling to avail him/herself of the protection of the country(ies) of nationality or, for a stateless person, of the country of habitual residence. 

Date of decision: 23-12-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 4.3 (e),Art 2,Art 4
Sweden - Migration Court of Appeal, 22 December 2009, UM 1664-09
Country of applicant: Iraq

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

Date of decision: 22-12-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2,Art 10.1 (d),Art 15,Art 10,Art 4,UNHCR Handbook,Para 177
France - CNDA, 17 December 2009, Mr. T., n°641626
Country of applicant: Kosovo

Vendetta constitutes a serious harm falling within the scope of subsidiary protection.

Date of decision: 17-12-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 15 (b),Art 2,Art 7,Art 6
Ireland - High Court, 9 December 2009, A.S.O v Refugee Appeals Tribunal and Minister for Justice Equality and Law Reform [2009] IEHC 607
Country of applicant: Nigeria

This case concerned the refusal of a Refugee appeal on the basis that Sate protection was available and/or that the applicant could relocate within Nigeria and avoid persecution.  In support of the finding that State was available; the Tribunal Member relied upon part of a UK Home Office Operational Guidance Note (OGN) on Nigeria that had not been provided to the applicant. The Court found that the applicant not afforded fair procedures. She had no opportunity to comment upon the information in the OGN. The Court also found that the issue of whether or not State protection is available does not depend upon the existence of a police complaints procedure but upon a determination that there exists in the country of origin as a matter of current practice, an effective system for the detection, investigation, prosecution and conviction of crimes of the kind which form the subject matter of the complaint.

Date of decision: 09-12-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 7.2,Art 8,Art 7,Art 6,Art 6 (c)
Netherlands - Council of State, 8 December 2009, 200706464/1/V2
Country of applicant: Afghanistan

Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.

Date of decision: 08-12-2009
Relevant International and European Legislation: Art 15 (c)
Netherlands - Council of State,8 December 2009, 200706464/1/V2
Country of applicant: Afghanistan

Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.

Date of decision: 08-12-2009
Relevant International and European Legislation: Art 15 (c)
Ireland - High Court, 4 December 2009, M.S.T. v Minister for Justice, Equality and Law Reform [2009] IEHC 529
Country of applicant: Croatia

This case concerned the interpretation of Article 4(4) of the Qualification Directive and the transposing Irish measure, which had added certain wording. The Court noted that the Directive left it open to Member States to introduce more favourable standards so long as they are compatible with the Directive. The Court held that the additional wording merely allowed a decision-maker in a case of compelling reasons, to determine eligibility for subsidiary protection as established without being obliged to be fully satisfied that previous serious harm inflicted upon an applicant runs a risk of being repeated.

Date of decision: 04-12-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2 (e),Art 8,Art 4.3,Art 2,Art 15,Art 4,Art 3,Art 4.4,Art 16,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Germany - High Administrative Court, 27 November 2009, 2 Bf 337/02.A
Country of applicant: Russia, Russia (Chechnya)

“Good reasons,” as defined in Art 4.4 of the Qualification Directive exist if a recurrence of past persecution is not expected and there is no enhanced risk of first-time persecution of a similar kind. At present, there are “good reasons” to consider persecution of Chechens who return to Chechnya, unless they belong to a particular risk group, will not be repeated.

Date of decision: 27-11-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 4.4