Case summaries

It must be noted that the Applicant’s occupation as a pharmacist meant that according to the country of origin information, he could be a target group for the country`s security forces if they suspected that assistance was being provided to the insurgents. This was considered to constitute the Applicant`s imputed political opinion to be taken into consideration in light of the right to asylum, in other words, circumstances to be considered pursuant to the Geneva Convention.

The Applicant challenged the first instance decision and was granted refugee status on the basis of a fear of persecution on grounds of his imputed political opinion, which was not identified by the asylum authority (OIN). The asylum authority considered Kabul as an alternative for internal protection, which was rejected by the Court since the Applicant had no family ties and employment in Kabul, which is getting overpopulated and residents are threatened by terrorist attacks.

Rather than dismissing the application, the Court recognised the subsidiary protection status of the Applicant, as his/her return to the country of origin would lead to the risk of serious harm (inhuman, degrading treatment or indiscriminate violence).

Application from the Turkish Authorities to have the Greek Judicial Authorities issue an extradition notice against A.F., a Turkish citizen seeking asylum in Greece.

The Court ruled against the Turkish Authorities' extradition request, deciding that if the person in question were extradited to Turkey there would be a risk that her situation would be made worse because of her political beliefs and because of her pending application to have her refugee status recognised by the Greek state.

Female genital mutilation constitutes an act of persecution relating to membership of a particular social group and, if it is established that such mutilation could specifically affect the  Applicant, constitutes a reason for granting refugee status under Article 2 and subsequent articles of Legislative Decree No 251 of 19.11.2007, implementing Directive 2004/83/EC.

Regardless of the parallel extradition proceedings, the Ministry of the Interior is obliged within the proceedings to assess the consequences of prosecution of the Applicant for a criminal offence in the country of origin in the context of fulfilling the conditions for international protection. In case of fear of action by private persons, the possibility and effectiveness of protection provided by the state against such actions is to be assessed.

It is the duty of the Applicant to show that he has been persecuted or is at serious risk of persecution. He should describe that persecution and present it to the fullest extent possible, showing how it relates to him in particular. Lack of acceptance by one’s family, social ostracism, and the negative perception of people of a different sexual orientation do not constitute grounds for according refugee status. However, given that the foreigner’s illness (AIDS) is at a very advanced stage and that he is undergoing treatment for epilepsy, it is necessary to consider whether deportation to his country of origin would violate his right to life.

The concept of a serious violation of religious freedom according to Article 9(1)(a) of the Qualification Directive (2004/83/EC) does not simply refer to a serious encroachment on the freedom to practice one’s faith in private but also the freedom to practice religion in a public context.

The enforced renunciation of religious activities can constitute persecution. Since persecution may lie in the prohibition itself, the actual future behaviour of the asylum-seeker and associated involvement in the other legal interests of the party concerned (e.g. life and freedom) are not relevant.

One cannot accept the position that an Applicant must in every case show that he or she has exhausted all available forms of protection in his or her country of origin. The condition of absence of state protection must not in every case be understood to mean an absolute obligation to exhaust all domestic procedures. The fact that the police, as the Applicant has shown, have no basis upon which to launch an investigation would suggest that the Applicant did apply to the state authorities for protection but that no protection was granted.

Refugee status was recognised for a transgender woman from Pakistan because discrimination for reasons relevant to asylum as well as involuntary prostitution to earn a living are sufficiently serious to represent persecution within the meaning of the Geneva Convention relating to the Status of Refugees.