Case summaries
Subsidiary protection was granted on grounds that the applicant, from Iran, could be at risk inhuman or degrading treatment. The applicant based his asylum claim on the political activities of his brother in his country of asylum, as well as his own participation in protests in Iran. The Court found that after having spent two years in Finland as an asylum seeker it was likely that the applicant would be of special interest to the Iranian authorities.
The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.
The European Court of Human Rights (ECtHR) has ruled that Turkey had violated Article 5 para 1 and 4 of the Convention with regards to the applicant’s unlawful detention and lack of remedy to challenge the lawfulness of his deprivation of liberty. Further, it found a violation of Article 34.
Expulsion by France of two nationals of Belarus whose asylum claims had been rejected would amount to a violation of Article 3.
A well-founded fear of persecution may also be based on events that took place after the Applicant left his country of origin (refugee sur place). Sur place evidence refers to circumstances which arose after the Applicant left his country of origin and which are as a rule connected with a change in the situation in the country of origin, but one cannot exclude other events which are closely linked with the person applying for refugee status and which occurred after he left his country of origin.
The applicant was granted refugee status because of political activities in exile. In the case of applicants from Ethiopia, a risk of persecution is not restricted to leading personalities of the opposition in exile as the Ethiopian government has shown an interest in recording the names and functions of all political opponents.
Bidoons in Kuwait are not issued with ID documents and are denied work, school and medical care. Despite the quality of the documents the applicant submitted he was considered to have established his affiliation as an unregistered Bidoon. The Court found that he had a well-founded fear of being subjected to further persecution as an unregistered Bidoon and that he qualified for refugee status. He was granted permanent residence as a refugee.
Political persecution can also exist when legally adopted criminal sanctions are imposed following standard legal proceedings against someone who has simply expressed political opinions. On the other hand, repressive measures with criminal sanctions against incitement to violence cannot be considered to be persecution.
The applicant claimed asylum in 2006 (along with her children) alleging a well founded fear of persecution on the grounds of political opinion. The application was refused in the initial procedure and on appeal. She returned to Colombia and two years later, returned to Spain and reapplied for asylum and was again refused. She lodged an appeal before the Supreme Court and was granted subsidiary protection.