Case summaries
This case concerned the exclusion from refugee status of a Taliban informer. The Supreme Administrative Court did not apply the exclusion clause in Art IF(b) (corresponding to § 87 paragraph 2 of the Finnish Aliens Act).The Court held that exclusion clauses must be interpreted in the narrowest possible manner.
No violation of Articles 3 of the Convention and Article 4 of Protocol 4 should the Applicant be removed to Afghanistan. This assessment was made in light of the personal circumstances of the Applicant and the overall context in 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.
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.