Case summaries
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:
- A single woman with a “Western” lifestyle is not at risk of gender-based political persecution by non-State actors in Iraq.
- 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.
This case concerned an appeal against the refusal of international protection to an Imam from Kazakhstan who claimed persecution from state actors because of his religion. The Ministry of Interior (MOI) and the Regional Court considered that persecution had not been established, and that the behaviour of the authorities had not been motivated by the applicant’s religious belief of “pure Islam” (this is a term that is used to distinguish themselves from other Muslims). However, the Supreme Administrative Court (SAC) disagreed and found that due to the specific circumstances of the applicant (an Imam) there was a risk of persecution. The Court also stated that refugee status can involve risk that is motivated by more than one reason, so long as one of those reasons is a persecution ground.
Extradition to Iran of an Iranian citizen. The wanted person was a political refugee who had been recognised by the UN High Commission for Refugees. The Supreme Court (Areios Pagos) rejected the extradition request because of his status and because of the appeal he lodged under the provisions of Article 5 (2) of Presidential Decree 8/2008.
The case concerns the extent to which decision-makers should take into account a change of circumstances or situation in the country of origin.
The Supreme Administrative Court defined the standard of proof of a “reasonable likelihood” of persecution and a “real risk” of serious harm. Where these criteria are met, the court must give precedence to international commitments and not apply the mandatory national rules of procedure (e.g. for an action that is out of time).
The applicant, a Tunisian national, having served a sentence in Italy on the charge, among others, of criminal conspiracy, faced deportation from Italy to Tunisia, where he risked ill-treatment.
The Court found that the deportation of the applicant to Tunisia would constitute a violation of Article 3 ECHR. The absolute nature of Article 3 meant that the conduct of the applicant was irrelevant for the purposes of Article 3.
Application for annulment of a decision by the Minister of Public Order
The case concerned deportation of a recognized refugee (Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees) after a conviction for a criminal offence under common law. Final conviction for a particularly serious crime is not sufficient legitimate justification for an act of deportation.; instead, the Administration is required to issue a specific ruling that the convicted refugee, given the circumstances under which he committed the offence and his personality, is thereafter a risk to the community as a whole to such an extent that his stay in Greece is no longer tolerable and that his immediate removal from the country is required.
A threat to the legal interests of public order does not constitute a reason to revoke refugee status as this is not explicitly referred to in the reasons for terminating refugee status in accordance with Article 1C of the 1951 Convention. Furthermore, it falls within the competence of the Council of State to annul a ruling, issued by relying on Articles 32 and 33 of the 1951 Convention relating to the Status of Refugees, which involves the deportation of an alien who has been recognized as having refugee status under the said international Convention and who continues to have refugee status.
The case also considered the lack of competence of the body which issued the contested decision (General Secretary of the Ministry of Public Order instead of the competent Minister for Public Order).
Application for annulment of a decision by the Minister of Public Order
The lack of personal persecution of an alien applicant does not preclude the recognition of refugee status if it is shown that there is an objective and well-founded fear of individual persecution in the applicant's country.
The case also addressed the deficient reasoning for the deviation in the Minister for Public Order's decision from the opinion issued by the competent Committee.
Application for annulment of a decision by the Minister of Public Order
The contested ministerial decision, which held that the applicant's application for recognition as a refugee should be rejected because threats emanating from non-state actors do not constitute a well-founded fear of persecution within the meaning of the 1951 Convention, is in direct violation of Article 1A(2) of the 1951 Convention.
Rejection of an extradition request by Azerbaijan in a case where the wanted person had been recognised as a refugee by Germany. Azerbaijan's request for extradition because of acts contrary to common criminal law was a premise aimed at stifling the wanted person's political opposition to the extraditing country's government. Azerbaijan was requesting extradition for political reasons.