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Czech Republic - Supreme Administrative Court, 20 June 2007, R.K. v Ministry of Interior, 6 Azs 142/2006–58
Country of applicant: Russia, Russia (Chechnya)

This case examines the differences between the procedure for examining a claim for asylum and the procedure for examining the application of exclusion clauses.

Date of decision: 20-06-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12,Art 1F
Czech Republic - Supreme Administrative Court, 16 June 2007, A.S. v Ministry of Interior, 6 Azs 165/2006-113
Country of applicant: Ukraine

The asylum procedure is a specific procedure as the applicants do not have knowledge of the Czech language. If an applicant submits documents in a language other than Czech it must be considered if it is the applicant or the Ministry of Interior who is responsible for providing a translation.

Date of decision: 16-06-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.2,Art 8.2
Sweden - Migration Court of Appeal, 15 June 2007, UM 837-06
Country of applicant: Iraq

Honour-related violence should be examined in the context of grounds for protection and not humanitarian considerations. The Migration Court of Appeal also discussed the application of the benefit of the doubt.

Date of decision: 15-06-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 9,Art 15,Art 4
Germany - High Administrative Court Niedersachsen, 2 May 2007, 11 LA 367/05
Country of applicant: Turkey

Exclusion from refugee status under Section 60 (8) (2) Residence Act/Art. 12.2 and Art. 12.3 of the Qualification Directive is only justified if the person concerned poses an ongoing threat.

Date of decision: 27-05-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 12.2,Art 12.3,Art 1F
Austria - Administrative Court, 17 April 2007, 2006/19/0675
Country of applicant: Russia

Traumatised people and those who have suffered otherwise psychologically and physically from flight behave differently when giving evidence compared with healthy people. This can mean that the full submissions relevant to asylum are not provided at the start of the proceedings or the traumatisation itself is not mentioned. These circumstances are to be taken into account during the ban on new evidence.

Date of decision: 17-04-2007
Relevant International and European Legislation: Art 4,Art 8,Art 25,Art 12,Art 11,2.,Article 13,Article 16,Article 13
Germany - High Administrative Court Nordrhein-Westfalen, 27 March 2007, 8 A 4728/05.A
Country of applicant: Turkey

Exclusion from refugee status on the grounds of serious non-political crimes is only permissible if the applicant still poses a threat. The Court found that an applicant from Turkey, who had been subject to past persecution, was not sufficiently safe from renewed persecution if returned.

Date of decision: 27-03-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1F(c),Recital 3,Art 12.2,Art 12.3,UNHCR Handbook,Para 152,Para 147,Para 149,Para 163,Para 157,Para 148,Para 151,Art 35,Recital 15,Art 21.1,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
UK - Asylum and Immigration Tribunal, 15 March 2007, LQ, Afghanistan [2008] UKAIT 00005
Country of applicant: Afghanistan

For the purposes of assessing whether a child is a member of a particular social group, a person's age is an immutable characteristic.

Date of decision: 15-03-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 10,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Czech Republic - Supreme Administrative Court, 28 February 2007, T.A. v Ministry of Interior, 4 Azs 146/2006-100
Country of applicant: Unknown

Where reports from applicant’s country of origin establish that the minority group to which the applicant belongs is a target of discrimination and persecution from the authorities and police, the applicant’s claim cannot be refused on the grounds that he/she had not asked the authorities for protection and failed to exhaust all legal means available.

Date of decision: 28-02-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 7,Art 4,Art 6
France - CRR, 16 January 2007, Mrs. M., n°587557
Country of applicant: Angola

In order to assess the persecution fears of a person in case of return to his/her country of origin, concrete modes in which such a return will most likely take place must be taken into consideration.

Date of decision: 16-01-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 4.3,Art 10.2
ECtHR - Salah Sheekh v The Netherlands, Application No. 1948/04,
Country of applicant: Somalia

This case concerns how internal protection alternatives should be assessed when identifying whether there is a real risk of a violation of Art. 3 ECHR in the country of origin. It also concerns generalized violence and an individual assessment of risk in Somalia. The Court held that the Applicant’s expulsion to Somalia would be in violation of Art. 3 of the Convention and that there was no violation of Art. 13.

Date of decision: 11-01-2007
Relevant International and European Legislation: Art 8,Article 3,Article 13,Article 35,Article 36