Case summaries
France - CNDA, 2 November 2011, Mr. B., n°10011958
Keywords:
Inhuman or degrading treatment or punishment, Persecution (acts of), Persecution Grounds/Reasons, Subsidiary Protection, Individual threat
Subsidiary protection was granted to a Roma of Serbian nationality who originated from Kosovo as the Court considered that he would currently face a risk of treatment contrary to human dignity in case of return to Serbia or to Kosovo.
Date of decision:
02-11-2011
UK - Court of Appeal, 26 September 2009, EN (Serbia) v Secretary of State for the Home Department & Anor [2009] EWCA Civ 630
Country of applicant:
Serbia, South Africa
Keywords:
Non-refoulement
Art 14.4 (a) of the Qualification Directive must be interpreted in accordance with Art 33.2 of the Refugee Convention. Thus, for the provisions to be applied, the individual must (1) have been convicted by a final judgment of a particularly serious crime and (2) constitute a danger to the community. It was not compatible with either Art 14.4 (a) of the Qualification Directive or Art 33.2 of the Refugee Convention for domestic legislation to provide that the conviction of certain crimes to create a presumption, that could not be rebutted, that the provisions applied to an individual. Any such presumptions had to be capable of being rebutted by the individual.
Date of decision:
26-09-2009