Finland - Helsinki Administrative Court, 8 April 2010, 11/0444/1
Keywords:
| Keywords |
|
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. |
|
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:
The Administrative Court overturned a decision of the Immigration Service and granted the applicant asylum on the grounds that his political activities in the Democratic Party of Iranian Kurdistan (KDPI) may be known to the Iranian authorities.
Decision & reasoning:
The Court stated:
The applicant was a long-term and active member of the KDPI. He had also participated in armed action against the Iranian government and held a position of trust in the party’s local administration. The applicant’s political activity can be considered as significant and his political opinions and party membership may be known to the Iranian authorities. Returning to Iran after several years absence may arouse the authorities’ interest.
Outcome:
The Administrative Court overturned the Immigration Service’s decision and returned the case to the Immigration Service for reconsideration and directed that the applicant must be granted asylum.