Case summaries
This case concerned access to an effective remedy in the context of expulsion proceedings from the Czech Republic. It deals with access to an effective remedy and the reliance on Art. 13 ECHR for arguable claims under Article 3 ECHR on the basis that the Appellants would be ill-treated if returned to Guinea. The Court held that there was a violation of Article 13 of the Convention in conjunction with Article 3.
An applicant from Guinea was recognised as a refugee. The court found that because of his homosexuality he faced a threat of persecution from family members. The State was unwilling or unable to provide protection.
Legality of detention in the event of imminent deportation to Greece, if the detention was imposed before the judgment by the ECtHR in the case M.S.S. v Belgium and Greece (application no. 30696/09) and there is an enforceable expulsion decision.
The Council for Alien Law Litigation (CALL) held that Art 48/5, §3 of the Belgian Aliens Law, which refers to the principles of internal protection alternative and protection within a country of origin, is in principle applicable in cases where the threat comes from a non-state agent. In a case where the threat of persecution comes from a state agent, the decision-maker should explain why it believes that this provision is applicable nonetheless.
A group shall be considered as a particular social group where, in particular, members of that group 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, and membership of that group is established where the attitude of an applicant is considered by the whole or a part of the society of his/her country of origin as an infringement of the customs and laws in force, and for this reason he/she is likely to face persecution against which the authorities refuse or are unable to protect him/her.
In countries where there is a high prevalence of female genital mutilation (FGM), persons who have demonstrated that they oppose this practice have thus infringed the customary norms of their country of origin and therefore can be considered as having a well-founded fear of being persecuted for reasons of membership of a particular social group in the meaning of Article 1A(2)of 1951 Refugee Convention.
A woman having undergone female genital mutilation FGM, who benefitted from reconstructive surgery in France, an act considered as an infringement of Guinean customs despite its official ban, must be considered as a member of the social group formed by women who oppose female genital mutilation practiced in Guinea.