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Greece - Council of State, 11 October 2005, 3337/2005
Country of applicant: Afghanistan

Application for annulment of a decision by the Minister of Public Order 

The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.

The case also addressed the deficient reasoning for the deviation in the Minister for Public Order's decision from the opinion issued by the competent Committee.  

Date of decision: 11-10-2005
Relevant International and European Legislation: Art 1A
France - CRR, Plenary session, 29 July 2005, Miss A., n°487336
Country of applicant: Somalia

Refugee Appeals Board/ Commission des recours des réfugiés (CRR) (CRR) held that the Somali government (Federal Transitional Government), was at the time of the decision, unable to effectively exercise organised power within Somali territory and under these circumstances to provide protection to the members of the Reer Hamar clan; no other authority is able to provide protection to the members of this community.

Date of decision: 29-07-2005
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 7,Art 6
France - CRR, Plenary session, 29 July 2005, Miss T., n°519803
Country of applicant: Cameroon

Women who want to escape from a forced marriage, whose attitude is perceived by whole or part of the society of their country of origin as an infringement of the applicable customs and laws, and who therefore face a risk of persecution against which the authorities are unable or unwilling to provide protection, must be considered as members of a social group in the meaning of Article 1A(2) of the 1951 Refugee Convention; when these conditions are not fulfilled, in particular when their behavior is not perceived as an infringement of the social order, these women nevertheless face the risk of suffering inhuman or degrading treatment and should therefore be granted subsidiary protection.

Date of decision: 29-07-2005
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 10.1 (d),Art 4,Art 6
Greece - Council of State, 12 July 2005, 2232/2005
Country of applicant: Iraq

Application for annulment of a decision by the Minister of Public Order 

The contested ministerial decision, which held that the applicant's application for recognition as a refugee should be rejected because  threats emanating from non-state actors do not constitute a well-founded fear of persecution within the meaning of the 1951 Convention, is in direct violation of Article 1A(2) of the 1951 Convention.

Date of decision: 12-07-2005
Relevant International and European Legislation: Art 6 (c),Art 1A,Art 38
Greece - Thrace Appeal Council, July 2005, Application No. 139/2005
Country of applicant: Azerbaijan

Rejection of an extradition request by Azerbaijan in a case where the wanted person had been recognised as a refugee by Germany. Azerbaijan's request for extradition because of acts contrary to common criminal law was a premise aimed at stifling the wanted person's political opposition to the extraditing country's government. Azerbaijan was requesting extradition for political reasons.

Date of decision: 07-07-2005
Relevant International and European Legislation: Art 1A (2),Article 2,Article 9,Article 10,Article 13
France - CRR, Plenary session, 4 March 2005, Miss T., n°489014
Country of applicant: Turkey

In the conditions which currently prevail in some rural areas in Eastern Turkey, the attitude of women of Kurdish origin who want to escape from a forced marriage is perceived by society and the authorities as an infringement of their customs, these women are therefore subjected to persecution committed with the assent of the population. Women who refuse forced marriage in these areas form a group whose members, by reasons of common characteristics which define them in the eyes of Turkish society, are likely to face persecution against which the authorities are unable to provide protection.

Date of decision: 04-03-2005
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 10.1 (d),Art 4,Art 6
Poland - Court of Appeal in Wrocław, 29 December 2004, II Akz 508/04
Country of applicant: Russia

This decision upheld the decision of the District Court in J. as regards the legal inadmissibility of extraditing a foreigner. The decision to accord refugee status was taken by a competent French authority and is binding within the territory of Poland, where the foreigner, who is sought by the Russian authorities, was detained. Poland recognises the decisions of other states to accord refugee status to foreigners and grants such foreigners the same degree and scope of legal protection as it would in the case of a foreigner granted protection by a competent Polish authority.

Date of decision: 29-12-2004
Relevant International and European Legislation: Art 24,Recital 6,Recital 7,Recital 4,Recital 10,Art 13,Art 14,Art 1,Art 2 (c),Art 31.1
France - CRR, Plenary session, 25 June 2004, Mr. B., n°446177
Country of applicant: Algeria

Having regard to the security situation which prevailed in the area of Chlef, the CRR did not consider that the Algerian authorities were, at the time, able to provide protection against the persecution inflicted by Islamic armed groups. Furthermore, given the impossibility of finding employment and the constant fear of being forcibly returned to this area, it was not reasonable to consider that Algiers constituted an internal protection alternative.

Date of decision: 25-06-2004
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 2,Art 7,Art 6
Czech Republic - Supreme Administrative Court, 19 May 2004, M.I. v Ministry of the Interior, 5 Azs 63/2004-60
Country of applicant: Ukraine

The judgment defined a particular social group as a group of persons that objectively share common characteristics or who at least are perceived to do so by society. This characteristic is often of an innate and unchangeable nature or is otherwise fundamental to human identity, conscience or to the exercise of those particular persons’ human rights. This characteristic cannot be constituted by the risk of persecution itself.

Date of decision: 19-05-2004
Relevant International and European Legislation: Art 1A (2),Art 10.1 (d)
Czech Republic - Supreme Administrative Court, 24 February 2004, Y.A. v Ministry of Interior, 6 Azs 50/2003-89
Country of applicant: Iran

If any fact emerges during the interview, which indicates that the applicant could be persecuted for exercising his political rights and freedoms, or has a well-founded fear of being persecuted on the grounds upon which asylum can be granted, the Ministry of Interior obliged to conduct the interview in a way that would achieve an outcome which is sufficiently clear for the needs of considering the asylum claim. It is also necessary to evaluate the way in which state power is exercised in the country of origin, and the real possibility of exercising one’s political rights and other circumstances that could establish grounds for international protection.

Date of decision: 24-02-2004
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 4,Art 12,Art 33,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3