Czech Republic - Supreme Administrative Court, 29 March 2004, L.M.C. v Ministry of Interior, 5 Azs 4/2004-49
| Country of Decision: | Czech Republic |
| Country of applicant: | Vietnam |
| Court name: | Supreme Administrative Court |
| Date of decision: | 29-03-2004 |
| Citation: | 5 Azs 4/2004-49 |
Keywords:
| Keywords |
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Persecution Grounds/Reasons
Description
Per Article 1A ofthe1951 Refugee Convention, one element of the refugee definition is that the persecution feared is “for reasons of race, religion, nationality, membership of a particular social group or political opinion“. Member States must take a number of elements into account when assessing the reasons for persecution as per Article 10 of the Qualification Directive. |
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Religion
Description
One of the grounds of persecution specified in the refugee definition under Article 1A ofthe1951 Refugee Convention. According to the Qualification Directive, the concept of religion includes in particular the holding of theistic, non-theistic and atheistic beliefs, the participation in, or abstention from, formal worship in private or in public, either alone or in community with others, other religious acts or expressions of view, or forms of personal or communal conduct based on or mandated by any religious belief. |
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Membership of a particular social group
Description
One of the grounds of persecution specified in the refugee definition per Article 1A ofthe1951 Refugee Convention. According to the Qualification Directive, membership of a particular social group means members who share an innate characteristic, or a common background that cannot be changed, or share a characteristic or belief that is so fundamental to identity or conscience that a person should not be forced to renounce it, and that group has a distinct identity in the relevant country, because it is perceived as being different by the surrounding society. Depending on the circumstances in the country of origin, a particular social group might include a group based on a common characteristic of sexual orientation. Sexual orientation cannot be understood to include acts considered to be criminal in accordance with national law of the Member States: Gender related aspects might be considered, without by themselves alone creating a presumption for the applicability of this concept. |
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Political Opinion
Description
One of the grounds of persecution specified in the refugee definition per Article 1A ofthe1951 Refugee Convention. According to the Qualification Directive the concept of political opinion includes holding an opinion, thought or belief on a matter related to potential actors of persecution and to their policies or methods, whether or not that opinion, thought or belief has been acted upon by the applicant. |
Headnote:
Refusal to perform compulsory basic military service cannot be considered as a reason for granting asylum, particularly if such a refusal is not connected with manifested political or religious beliefs.
Facts:
The applicant lodged an application for international protection in the Czech Republic. He claimed that he was not satisfied with his situation in his country of origin, that he had a difficult life and economic situation. The applicant was unemployed due to lack of qualifications and had no funds. He also refused to perform basic military service. In 1997 he received a letter, according to which he was to undergo a pre-military medical examination, which he did not attend. He explained that he did not want to be a soldier, because he did not like it. His father was a professional soldier and he stated a soldier’s life was very difficult, because they receive a very low salary.
Decision & reasoning:
The Supreme Administrative Court (SAC) concluded that the refusal to perform compulsory basic military service in the applicant’s country of origin cannot be considered as a reason for granting asylum, particularly if such a refusal is not connected with manifested political or religious beliefs. In this case the applicant linked his refusal to perform military service with a financial issue only.
Outcome:
The appeal to the SAC was dismissed.
Observations/comments:
The applicant had stated that military service was an act of violence. However, the SAC noted that this statement was only made during the last appeal and therefore the statement was considered to have been made to bolster the asylum claim, and was not considered a genuine belief.
Decision of the Supreme Administrative Court n. 5 Azs 4/2004-49, available at www.nssoud.cz