Case summaries

A stateless Kurd from Syria was not recognised as a refugee. The court held:

1. The denial of re-entry of stateless Kurds is not to be considered political persecution because a general institutional practice cannot be detected which is aimed against ethnic Kurds in a manner that is relevant to asylum grounds (Art 10 of the Qualification Directive).
2. Whether the legal practice of Syrian legislation on citizenship and the denial of re-entry are part of a restrictive policy towards Kurds, and support the aims of the State of Syria in respect of its settlement policy, is not important when determining political persecution under Section 60 (1) sentence (5) of the Residence Act in connection with Art. 9 and 10 Qualification Directive.

The CALL considered that the internal protection alternative rule limits access to international protection and found that, in order for the rule to be applied, it is up to the asylum authority to demonstrate (1) that there is a part of the country of origin where the applicant has no reason to fear persecution and runs no real risk of serious harm, and (2) that it could be reasonably expected of the applicant to stay in that part of the country (taking into account the general circumstances in the country and the personal circumstances of the applicant).

Refusal to grant social security to political refugees was in breach of the Convention.

In order for an expulsion order to be immediately enforced it must be clear that the applicant is not at risk of persecution or similar treatment in the country of origin.

In this case the court considered the risk to a refugee of indirect refoulement from a third country. 

A female applicant from Syria belonging to a minority group was eligible for refugee protection based on the lack of fundamental rights and freedoms for the minority to which she belonged, in addition to her political activities.

After the revocation of his residence permit due to his religious activities (alleged links with a fundamentalist organisation), the applicant was detained for a period of 26 days and later deported from Bulgaria. The applicant claims to have been refused access to a lawyer and to have been detained incommunicado. He also claims that his detention and deportation was an interference with his right to family life and right to religious freedom.