Case summaries

The Court granted permission to the Applicants to seek judicial review of the negative decision made in a written appeal (rather than an oral appeal) in an application for refugee status made by a South African one-parent family. The decision to allow a written appeal was based on the status of South Africa as a ‘safe country,’ and the appeal decision was based on personal credibility and the absence of a nexus to Convention grounds. The Applicants failed in their argument that the absence of an oral hearing may render the appeal decision unlawful by reference to the right to an effective remedy as guaranteed by the Asylum Procedures Directive, because the Applicants had in fact availed of the appeal rather than challenge the fact that it was confined to a written appeal. Leave to seek judicial review was granted on the basis that an aspect of the claim which was disclosed after the first instance decision was not properly considered; that the decision maker made exaggerated credibility findings to the potential detriment of a subsequent subsidiary protection application; and erred in the consideration of country of origin information and evidence of the availability of internal protection.

In the context of the prediction of danger required for subsidiary protection, it is the actual target location to which the foreign national intends to return which is relevant in the case of a non-countrywide armed conflict. If the region of origin of the foreign national cannot be considered as a target location due to the danger presented there, he may only be referred to another region of the country according to the requirements of Article 8 of the Qualification Directive.

This case concerns whether there is an armed conflict in Iraq which meets the threshold of indiscriminate violence set out in Article 15(c) Qualification Directive, such that all applicants from Iraq require subsidiary protection.

The Applicant left his country of origin (Iran) in 2003 having been arrested, illegally detained and tortured because of his participation in demonstrations against the regime in 1999. He told the Committee that he had occasionally participated in the anti-regime activities of Iranians in Greece, and that he did not wish to return to Iran because he feared that he would be imprisoned again and would be subjected to torture. Concerning his religious beliefs, he stated that he was an atheist. The Committee accepted that the torture suffered by the Applicant in his country of origin constituted previous persecution. However, the Committee believed that there was no a well-founded fear of persecution now or in the future because of his prior actions, nor because of his prior actions in conjunction with circumstances which occurred in Greece (participation in Iranian movements), nor even because of the Applicant's atheism and, therefore, that the fear of persecution was not well-founded. Nevertheless, the Committee acknowledged that “there may have been situations in which the Applicant was persecuted in the country of origin, but he has no present or future fear of persecution there. However, it is appropriate to recognise him as a refugee because of the compelling reasons arising from previous persecution, especially when the persecution he suffered was particularly atrocious”; and it unanimously recognised the Applicant's refugee status because it held that the Applicant had suffered terrible persecution in the past because of his anti-regime activities (political opinion) without the situation in his country of origin having since improved, and because the Applicant continued to suffer the consequences of his psychological harm, meaning that his return to Iran and his life there would be intolerable.

The situation in Somalia, in particular in the South and Central regions, should be regarded as a situation of generalised violence resulting from an internal armed conflict.  

A single woman with two illegitimate children from relationships not approved of by the family (who are Muslim) may be subject to inhuman or degrading treatment in the country of origin by the members of her family.

The particular social group within the meaning of the Convention relating to the Status of Refugees is the group comprising single mothers of illegitimate children living in Muslim families and societies.

It is expected and necessary that persons fearing persecution should fully and continuously cooperate with the authorities handling their case.

Since the life, basic safety and livelihood chances of people are involved, based on the above described amount and nature of danger (in such cases naturally the actual danger need not and cannot be undoubtedly proved) the very likely occurrence of persecution, harm or other significant detriment cannot be risked.

In relation to the internal protection alternative, the Applicant must have family or kinship ties, or his/her basic livelihood and accommodation must be provided by other means in a certain part of the country.

Instead of rejecting the application, the Court granted subsidiary protection status to the single female Applicant and her minor children, as their return to the country of origin would lead to the risk of serious harm (indiscriminate violence).

B.G., a citizen of the Russian Federation, applied for refugee status, citing persecution experienced due to his brother being in prison. The authorities of both instances questioned his credibility, citing numerous inconsistencies in the various testimonies given. The foreignor then appealed to the Regional Administrative Court, which dismissed the appeal on the grounds that the proceedings had been conducted properly and referring to the fact that the foreignor was able to flee internally in his country of origin.

The authority conducting the proceedings provides, where necessary, translations into Polish of documents in a foreign language that are admissible as evidence in refugee status proceedings.

The option of internal flight means that if there is a part of the country of origin where there are no circumstances justifying the foreignor's fear of persecution or serious harm and it can reasonably be presumed that the foreignor will be able to move there without impediment, there is no well-founded fear of persecution or actual risk of serious harm in the country of origin. If the conditions in one region do not suit the foreignor, he can try to move to another part of the country.