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España - Tribunal Supremo, 15 febrero 2008, Nº 6252/2004
Country of applicant: Nigeria

The applicant lodged an appeal before the Supreme Court against the High National Court’s decision to reject her asylum application. She claimed to have experienced persecution in Nigeria for religious reasons: her parents were killed in a religious confrontation between Muslims and Catholics. However, she did not explain how this fact was linked to a subsequent persecution. The Court held that the applicant was not a victim of religious persecution in accordance with the 1951 Refugee Convention, but that she had fled from a general conflict and a situation of political instability.

Date of decision: 15-02-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4.3,Art 10.1 (b),Art 1
Netherlands - District Court Amsterdam, 15 February 2008, AWB 08/3077; 08/3083; 08/3085
Country of applicant: Togo

The Secretary of State for Justice does not have to give an applicant who submitted copies of documents of which he had the possibility of acquiring the originals before he left his country, an opportunity to submit these originals during the asylum process, regardless of the State’s duty to conduct research and cooperate with the applicant as determined in Art 8 of the Procedures Directive and Art 4 of the Qualification Directive.

Date of decision: 15-02-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4,Art 8
France - CNDA, 29 January 2008, Mr. D., n°602367
Country of applicant: Morocco

Homosexuals in Morocco form a social group within the meaning of Article 1A(2) of the 1951 Refugee Convention for reasons of common characteristics which define them in the eyes of Moroccan criminal law and society.

Date of decision: 29-01-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 2 (e),Art 10.1 (d),Art 6
Czech Republic - Supreme Administrative Court, 24 January 2008, E.M. v Ministry of Interior, 4 Azs 99/2007-93
Country of applicant: Congo (DRC)
 
When assessing if the applicant could seek protection in their country of origin, it is necessary to establish if the solution would be feasible, adequate, rational and sensible. Internal protection is a concept that is applied within the country of origin only and not if that protection exists outside the country of origin.
 
Date of decision: 24-01-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 8,Art 8.1,Art 8.2
Netherlands - District Court Assen, 17 January 2008, AWB 07/35612
Country of applicant: Sri Lanka

The Minister for Immigration and Asylum must, when making an assessment of whether the applicant is eligible for asylum where there is no internal protection alternative, take into consideration the general circumstances in that part of the country and the applicant’s personal circumstances at the time of the decision.

Date of decision: 17-01-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 8,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Greece - Council of State, 31 December 2007, M.N. v Minister for Public Order, Application No. 1423/2007
Country of applicant: Iran

The Court held that the conditions for offering the Applicants temporary judicial protection had been satisfied, taking into consideration that the Asylum Committee had rejected the asylum-seeker's claims as being unsubstantiated without assessing his credibility, and also because the decision which rejected the application for asylum only vaguely referred to the prevailing situation in Iran.

Date of decision: 31-12-2007
Relevant International and European Legislation: Art 1A (2),Art 9.1,Art 9.2,Art 7,Art 4.5 (e),Art 1A (1)
Belgium – Council for Alien Law litigation, 20 December 2007, Nr. 5.277
Country of applicant: Rwanda

In its assessment of real risk of serious harm the CALL took into consideration the psychological circumstances of the applicant. The CALL considered that the seriousness of the applicant’s past traumatic experiences (as a child soldier) had left such psychological marks on him that a future forced enrolment in the army would be psychologically unbearable for him and would, in his case, amount to inhuman and degrading treatment.

Date of decision: 20-12-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (b),Art 4.4
Belgium – Council of State, 29 November 2007, Nr. 177.396
Country of applicant: Iran

The Council of State ruled that in support of an application for subsidiary protection a mere reference to the general situation in the country of origin is in principle insufficient, and that the applicant needs to make a link between that general situation and his/her personal circumstances.

Date of decision: 29-11-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 18,Art 4
Sweden - Migration Court of Appeal, 27 November 2007, UM 1344-06
Country of applicant: Cameroon

A HIV-infected person cannot be granted a residence permit in Sweden on medical grounds if health care and medicines are available in the home country, even if the person has financial difficulties and has to pay for treatment himself/herself. The economic consequences of doing so for Sweden must be taken into consideration in the decision. Further, that an assessment of whether an applicant risks being prevented from getting adequate care because of their political opinions should be made in the context of examining the need for protection and not as part of an assessment of whether there are any particularly distressing circumstances.

Date of decision: 27-11-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 10.1 (e)
UK - House of Lords, 14 November 2007, Secretary of State for the Home Department v AH (Sudan) & Ors [2007] UKHL 49
Country of applicant: Sudan

The House of Lords test in Januzi (see separate summary) for assessing internal protection was approved.  In assessing whether the proposed area of internal relocation was unreasonable or unduly harsh it was an error of law to require that the circumstances would result in a breach of Art 3 of the ECHR or that the circumstances will be worse than the circumstances experienced by anyone else in that country.

Date of decision: 14-11-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 1A (2),Art 8,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3