Case summaries
Conclusions on exclusion from protection are to be supported by factual findings and cannot be presumed, especially with an applicant, who through the credibility assessment, is deemed to be untrustworthy by an administrative body. Belonging to the army under Saddam Hussein might, together with the Sunni religion of the applicant, be understood as a reason for well-founded fear of persecution because of membership of a particular social group.
The case concerns the extension of periods of detention while awaiting removal from Belgian territory with respect to an Iraqi citizen having served his sentence and having submitted a number of asylum applications in Belgium.
Beneficiaries of subsidiary protection and asylum seekers can marry even in the absence of official documentation stating there are no impediments to matrimony in situations where documentation provided shows that the conditions for marriage have been met (age and single status).
The Court quashed a country guidance decision on the application of Art 15(c) of the Qualification Directive in Iraq because the Tribunal had not considered what was necessary to ensure that it heard proper argument in a case designed to give binding guidance for other applicants.
When establishing the necessary “density of danger” in an internal armed conflict within the meaning of Section 60 (7) (2) Residence Act/Art. 15 (c) Qualification Directive, it is not sufficient to quantitatively determine the number of victims in the conflict. It is necessary to carry out an “evaluating overview” of the situation, which takes into account the situation of the health system. However, this issue was not decisive in the present case, as the applicant would only face a low risk of being seriously harmed.
A former officer in Saddam Hussein’s Security Services was excluded from protection due to possible crimes against humanity. He was however granted a temporary residence permit as the decision could not be executed without violating the principle of non-refoulement.
The applicants were the relatives of Iraqi civilians killed by British soldiers in Iraq in 2003 during British security operations. The Court held that the deceased fell within the jurisdiction of the UK within the meaning of Article 1 ECHR, and that the UK had breached its obligation under Article 2 to carry out an adequate and effective investigation into the deaths with respect to the first five applicants.
A subsequent application for asylum, when there is a legally enforceable expulsion order, must be examined even if a stay on expulsion has been requested by the European Court of Human Rights according to Rule 39.
This case concerned the exclusion from refugee status of a former Baath party member. The fact that the applicant had previously held a position in the Iraqi military, was one of the Defence Minister's advisers and one of Saddam Hussein's closest men, was, on the evidence before the Court, considered insufficient to meet the requirements for exclusion from refugee status.
Refugee status was revoked when an individual applied for and received a new passport issued by his/her country of origin.