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Hungary - Metropolitan Court, 16 March 2009, 24. K. 33.913/2008/9
Country of applicant: Iraq

The Court replaced the decision of the OIN to allow the Applicant to remain on non-refoulement grounds (i.e. tolerated status), with a decision to grant the Applicant subsidiary protection status on the grounds that he would be at risk of serious harm on return to his home country (indiscriminate violence).

Date of decision: 16-03-2009
Relevant International and European Legislation: Art 15 (c),Art 15 (b)
Czech Republic - Supreme Administrative Court, 13 March 2009, H.A.Š. v Ministry of Interior, 5 Azs 28/2008-68
Country of applicant: Iraq

The case concerned an application for international protection by an Iraqi national. The application was dismissed on the grounds of a failure to establish that his life or person was threatened by reason of indiscriminate violence. The applicant failed to demonstrate individual risk.  

Date of decision: 13-03-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 15 (c),Art 2
France - CNDA, 12 March 2009, Miss K, n°639908 and Ms. D., n°638891
Country of applicant: Mali

Children who were born in France and who claim a fear of persecution because they refuse to be subjected to female genital mutilation (FGM) in their country of origin fall within the scope of subsidiary protection. The effective implementation of this protection requires that the child is not separated from her mother and that the mother benefits from the same protection.
 

Date of decision: 12-03-2009
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 23,Art 4
Netherlands - District Court Haarlem, 3 March 2009, AWB 09 / 5250; AWB 09 / 5249; AWB 09/5529
Country of applicant: Sri Lanka

This case concerned the submission of evidence for a subsequent asylum application where that evidence could have been submitted in support of the initial application.

It was held that since the applicant could already have produced that evidence in his initial asylum application, the reliance on that evidence could not now be considered as evidence relating to new facts and circumstances that could be relied upon to successfully substantiate a subsequent asylum application. Further, the domestic provision of Art 4:6 of the General Administrative Law Act was not found to be contrary to Art 32 and 34 of the Procedures Directive.

Date of decision: 03-03-2009
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 15 (c),Art 32,Art 34
CJEU - C-465/07 Meki Elgafaji, Noor Elgafaji v Staatssecretaris van Justitie
Country of applicant: Iraq

This preliminary ruling concerned the interpretation and application of Article 15(c) of the Qualification Directive and the protection offered under this provision.

Date of decision: 17-02-2009
Relevant International and European Legislation: Art 1,Art 2,Art 15,Recital 6,Art 8.1,Recital 1,Recital 10,Recital 24,Recital 25,Recital 26,Article 3
Czech Republic - Supreme Administrative Court, 11 February 2009, A. R. V Ministry of Interior, 1 Azs 107/2008-78
Country of applicant: Ukraine

The Ministry of Interior is obliged to consider whether the conditions for granting subsidiary protection are fulfilled even when the application for international protection is dismissed as manifestly unfounded when it is clear that the applicant is making an application merely in order to delay or frustrate the enforcement of an earlier or imminent decision which would result in his or her removal, and if the applicant has failed without reasonable cause to make his or her application earlier, having had opportunity to do so.

Date of decision: 11-02-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 15 (a),Art 17,Art 15,Art 6 (c),Art 23.4 (j),Art 33,Art 23.4 (i),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Greece - Council of State, 10 February 2009, Application No. 434/2009
Country of applicant: Afghanistan

A permit to stay, granted on humanitarian grounds to a foreigner whose application for asylum has been rejected until such time as it becomes feasible for him to go abroad, is of a temporary nature. It is possible to extend the validity of such a permit if there are exceptional circumstances relating to the prevailing situation in the foreigner's country of origin and/or relating to his personal circumstances. When an application to extend a permit to stay is submitted, the Administration should examine any exceptional grounds that may have been put forward.

Date of decision: 10-02-2009
Relevant International and European Legislation: Art 1A (2),Art 18,Art 15,Art 4,Art 8,Art 9,Art 33,Art 1A (1),Article 3
Czech Republic - Supreme Administrative Court, 4 February 2009, R.S. v. Ministry of the Interior, 3 Azs 75/2008-109
Country of applicant: Sri Lanka

Unlike with subsidiary protection, it is necessary for there to be a causal link between persecution and the grounds for persecution when assessing the conditions for granting asylum. The fact that a conflict between LTTE and governmental armed units affected Tamil civilians does not mean nationality qualifies as a ground of persecution. 

Date of decision: 04-02-2009
Relevant International and European Legislation: Art 9,Art 15,Art 8.2 (b),Art 4.3 (a),Art 10.1 (c),Art 2 (f),Art 2 (d),Article 3
Sweden - Migration Court of Appeal, 14 January 2009, UM 4118-07
Country of applicant: Afghanistan

The Migration Board set out the burden of proof for presenting an internal protection alternative. The area has to be clearly identified as well as being relevant and plausible.

Date of decision: 14-01-2009
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 2,Art 7,Art 15,Art 4,Art 6,UNHCR Handbook
France - Council of State, 18 December 2008, Ofpra vs. Ms. A., n°283245
Country of applicant: Armenia

The principle of family unity, which is a general principle of refugee law resulting in particular from the 1951 Refugee Convention, is not applicable to persons falling within the scheme of subsidiary protection, as defined both by the Qualification Directive and by the internal legislative provisions which transpose it.

Date of decision: 18-12-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 18,Art 23,Art 24,Art 23.2,Art 24.2,Art 15