Case summaries

The applicant, being in a religiously mixed marriage, can be considered as a person having a justified fear of being persecuted for religious reasons. In accordance with the Qualification Directive, the deciding authority is obliged to gather sufficient information on the accessibility and effectiveness of protection provided by state authorities in the country of origin.

It is important to inquire whether there are elements relative to the situation of homosexuals in their country which enable them to be considered as forming a group whose members would face a risk of persecution, for reasons of common characteristics which define them in the eyes of the authorities and society.

The applicant was not granted refugee status or protection against deportation in accordance with Section 60 (2) through (7) of the Residence Act. The court found:

1. A single woman with a “Western” lifestyle is not at risk of gender-based political persecution by non-State actors in Iraq.
2. The risk of the applicant becoming a victim of an honour killing (or respectively a weaker, non-life threatening disciplinary measure by her clan) because of her moral conduct, disapproved by her clan, constitutes an increased individual risk. However, this risk is not the result of arbitrary violence, but constitutes a typical general risk.

Internal protection is considered available for women suffering domestic abuse and violence in Albania. 

This case considered whether or not a “family” could constitute a particular social group under the Refugee Convention. The applicant, whose family was implicated in a vendetta, had a well-founded fear of persecution on the basis of her membership of the social group that is her family. It was held by the CALL that a family could constitute a particular social group. 

A Lebanese woman was recognised as a refugee after a death threat by her brother because of her way of life. The court found:

1. State protection doesn’t exist against ‘honour killings’ in Lebanon.
2. Women who do not accept discrimination and denial of rights, which are based on tradition and social circumstances in their home country, constitute a particular social group in terms of Art. 10 (2) (d) of the Qualification Directive.
3. Even a single person can be a non-state actor under Section 60 (1) sentence (4) (c) of the Residence Act (identical to Art 6 (c) of the Qualification Directive).

The applicant, a lesbian from Iran, was recognised as a refugee. The court found:

1. It is unreasonable for homosexuals to refrain from sexual activities in order to avoid persecution.

2. Although there is no systematic persecution of homosexuals in Iran, there is a considerable risk of detection and persecution.

The Administrative Court lawfully decided that the applicant was not entitled to refugee status since, in the present case, a possible risk of being subjected to acts of persecution was not connected to the reasons for persecution. The group of "businessmen in Colombia" cannot be regarded as a "particular social group" within the meaning of Art. 10.1 (d) of the Qualification Directive.

The situation of the homosexuals which currently prevails in Iraq enables them to be  considered as forming a group whose members are likely to face acts of such gravity that they may amount to persecution in the meaning of Article 1A(2) of the 1951 Refugee Convention.