Case summaries

The involvement in a State regular police force does not constitute, in itself, the expression of political opinions or the membership of a particular social group.

The Helsinki Administrative Court found that a female minor from a town near Mogadishu was in need of subsidiary protection. The Court held that to return home the applicant would have to travel via Mogadishu which would place her at serious and personal risk due to the nature of the armed conflict.

1. In principle, a threat of female genital mutilation (FGM) has to be considered as political persecution according to Section 60 (1) Residence Act.
2. In Nigeria, FGM is still widespread in all known forms. For the Edo ethnic group, it is usually performed between seven and fourteen days after birth.
3. The number of circumcisions performed (among the Edo ethnic group) during puberty has decreased significantly in recent years and circumcisions in adulthood are no longer performed, or they are only carried out in a small number of cases.

In the present case the court found that it was unlikely that the applicant was at risk of FGM considering her age (five years) and the fact that both her parents opposed the practice. Further, the requirements of ‘Prohibition of deportation’ (Section 60 (2) through (7) of the Residence Act) were not established; it was considered unlikely that the applicant would actually return to Nigeria as her mother had residency in Germany.

Refugee protection was not granted, since the applicant, as a member of the particular social group of "Djoula living in the South of  Côte d’Ivoire" (Art 10.1(d) Qualification Directive) was not subject to political persecution when he left Côte d’Ivoire in 2001. The court found that group persecution was not established due to the insufficient frequency of acts of persecution against members of this group and therefore in case of return, the applicant would not face such group persecution.

The applicant could not provide sufficient proof of her claims that she had been subject to honour-related violence. The information was not found credible and did not constitute a permanent impediment for the enforcement of an expulsion order.

Threats from terrorists against a person who has worked for the international forces in Iraq do not justify the granting of refugee status. Iraqi citizens who have cooperated with the occupying forces do not form a “social group” within the meaning of the Qualification Directive. However, the applicant is entitled to subsidiary protection since there is an armed conflict in the Nineveh region and because the threats by terrorists experienced in the past constitute individual “risk-enhancing” circumstances.

Sexual violence, assault and forced prostitution was not considered sufficient for subsidiary protection to be granted since it had not been shown that the authorities lacked will or were unable to offer protection.

A single woman from Nigeria (Urhobo) was eligible for protection from deportation under Section 60 (7) sentence (1) of the Residence Act due to a threat of female genital mutilation (FGM) and forced marriage. The economic and social situation in Nigeria is difficult and tense even for the vast majority of the population. The situation is much worse for single women as women in Nigeria are exposed to multiple discrimination. To a large extent they are under legal incapacity, so that in practice they are only in a position to protect their own interests if they are supported by their family.

The Supreme Court of the Slovak Republic held that only such threats to life or liberty as are tolerated, encouraged or accompanied by official authority can be regarded as persecution within the meaning of Section 8 of the Asylum Act, while problems with private individuals cannot be a ground for granting asylum, as long as the political system in the country of origin affords citizens the possibility of defending their rights before state authorities.

A group can be considered to be a particular social group when the members of the group share innate characteristics or a common background which cannot be changed, or when they share a characteristic or belief that is so fundamental to their identity or conscience that a given individual should not be compelled to renounce it, and the group is seen to be different by the surrounding society. Depending on the circumstances in the country of origin, a particularsocial group may be based on a common characteristic of sexual orientation, but such orientation may not be understood to include acts that are considered punishable under a specific regulation.

The appellants argued that they were at risk of re-trafficking and would not find protection anywhere in Albania. The tribunal agreed, and laid down country guidance on the risks facing trafficked women and the absence of effective protection from these risks.