Case summaries
France - Administrative Court of Nantes, 22 June 2015, No. 1505089
Country of applicant:
Niger
Keywords:
Assessment of facts and circumstances, Individual assessment, Personal circumstances of applicant, Procedural guarantees, Responsibility for examining application, Dublin Transfer
The Administrative Court judged that a full and rigorous examination of the consequences of transferring the applicant back to Italy is required, given the delicate and evolving situation in the country. As this was not done the prefecture’s decision to refuse to examine the asylum application and send her back to Italy was annulled. The case was remitted to the prefecture for re-examination.
Date of decision:
22-06-2015
Belgium – Council for Alien Law Litigation, 9 June 2011, Nr. 62.867
Country of applicant:
Niger
Keywords:
Actors of protection, Credibility assessment, Internal protection, Non-state actors/agents of persecution, Persecution (acts of), Persecution Grounds/Reasons, Membership of a particular social group, Gender Based Persecution
This case concerned the assessment of the risk of being subjected to slavery on return. The CALL held that slavery is sufficiently grave by its nature to constitute persecution. The Court further added that the prohibition of slavery is an absolute and non-derogable right and that slaves can be considered as a particular social group.
Date of decision:
09-06-2011