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Germany – Federal Administrative Court, 24 November 2009, 10 C 24.08
Country of applicant: Russia, Russia (Chechnya)

In an internal armed conflict, war crimes may be committed not only against the civilian population, but also against combatants.

  1. At present, a definition of what constitutes war crimes or crimes against humanity has to be primarily based on the elements of these crimes as determined in the International Criminal Court (ICC) Statute.
  2. In an internal armed conflict, war crimes may be committed not only against the civilian population, but also against combatants.
  3. As a rule, acts by combatants which form part of combat operations in an internal armed conflict, and which do not constitute crimes against peace, war crimes or crimes against humanity (under Section 3 II (1) (1) of the German Asylum Procedure Act), will also not constitute the exclusion ground of a serious non-political crime.
Date of decision: 24-11-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4.4,Art 8.1,Art 12.2,Art 1F,UNHCR Handbook,Para 155
Ireland - High Court, 3 November 2009, D.T. v Minister for Justice, Equality and Law Reform [2009] IEHC 482
Country of applicant: Sierra Leone

 This case concerned the assessment of the option of internal relocation within Sierra Leone in the context of a threat from a family member. The Court found that, provided that regard has been had to relevant country of origin information, there is no obligation on the decision-maker under Article 8.2 of the Qualification Directive to seek out specific information on general economic and social conditions in a proposed site of re-location in the absence of any specific objection on that basis being put forward by the asylum seeker.

Date of decision: 03-11-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 8.1,Art 8.2
France - CNDA, 30 October 2009, M.P., n°640035/08020515
Country of applicant: Bhutan

The practices used by the authorities of a given country in order to exclude some citizens, members of a minority, from nationality can be considered as persecution since they are linked to one of the grounds listed in Article 1A(2) of the 1951 Refugee Convention.

Date of decision: 30-10-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2,Art 7,Art 9,Art 10.1 (a),Art 6
Finland - Supreme Administrative Court, 29 Oct 2009, KHO:2009:2676
Country of applicant: Afghanistan

The Supreme Administrative Court (SAC) quashed a decision of the Finnish Immigration Service which, applying the Dublin II Regulation, did not examine the application for international protection and decided to return the applicant to Greece. The SAC returned the case to the Immigration Service for a new examination based on new evidence that was presented regarding the applicant’s health.

Date of decision: 29-10-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4,Art 35.1,EN - Dublin II Regulation, Council Regulation (EC) No 343/2003 of 18 February 2003,2.,Article 10,Article 18,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
UK - Asylum and Immigration Tribunal, 19 October 2009, GS (Article 15(c): indiscriminate violence) Afghanistan CG [2009] UKIAT 00044
Country of applicant: Afghanistan

In this case the Tribunal sought to apply the guidance in Elgafaji on Art 15(c) and give country guidance on Afghanistan.

Date of decision: 19-10-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 8,Art 2,Art 9,Art 17,Recital 10,Recital 26,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Hungary - Metropolitan Court, 15 October 2009, I.A.Z. v. Office of Immigration and Nationality, 21.K.31555/2009/6
Country of applicant: Somalia

The decision of the asylum authority was annulled on the basis that there was insufficient evidence that an internal protection alternative existed. 

Date of decision: 15-10-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 15 (b),Art 8,Art 9,Art 15,Art 10,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Ireland - High Court, 15 October 2009, G.O.I v Minister for Justice, Equality and Law Reform & Refugee Applications Commissioner [2009] IEHC 463
Country of applicant: Nigeria

This case concerned the interpretation of Article 4.3 of the Qualification Directive and the nature of the assessment of the facts and circumstances of a refugee application that should take place. The Court rejected the argument that a failure by a first instance decision-maker to consider each of the mandatory matters set out in Article 4.3 rendered that decision unlawful such that it must be quashed, rather than allowing for any such defect to be cured by an appeal body. The obligation imposed by the Directive is satisfied when any errors or misjudgements at the first instance stage, including deficiencies in complying with Article 4.3 are remedied by an appeal stage.

Date of decision: 15-10-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.3,Art 4,Recital 6,Recital 7
Czech Republic - Supreme Administrative Court, 9 October 2009, A.K.B. v. Ministry of the Interior, 6 Azs 34/2009-89
Country of applicant: Ivory Coast

Subsidiary protection pursuant to Art. 14a(2)(b) of the Act on Asylum (serious harm consisting of inhuman or degrading treatment) may also be granted in so-called humanitarian cases. This goes beyond the scope of Article 15(b) of the Qualification Directive; however, it is compatible with the directive. In order to grant subsidiary protection in so-called humanitarian cases, the factual circumstances need to reach the standard set out in the judgment of the ECtHR, D. v. the United Kingdom.

Date of decision: 09-10-2009
Relevant International and European Legislation: Art 15 (b),Art 3,Recital 24,Recital 25,Article 3
Sweden - Migration Court of Appeal, 9 October 2009, UM 5814-08
Country of applicant: Sudan

Social exclusion can be considered as "exceptionally distressing circumstances" and thus grounds for a residence permit. 

Date of decision: 09-10-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 2,Art 15,Art 10,Art 6,Art 9.2 (d)
Sweden - Migration Court of Appeal, 9 October 2009, UM 1210-09
Country of applicant: Iraq

A young Christian man who had not been in his country of origin since childhood was not considered eligible for a residence permit based on exceptionally distressing circumstances in spite of the fact that his family resides in Sweden and that he is likely to face social difficulties on his return. 

Date of decision: 09-10-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4,Art 6,Art 10.1 (b)