Case summaries

Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.

Article 29(1), introductory paragraph and (b) of the Foreigners Act (2000) (which provides protection in the Netherlands against a potential breach of Article 3 of the European Convention on Human Rights) provides for the same protection as Article 15(c) of the Qualification Directive. The latter article therefore does not amend the law.

 This case concerned the assessment of the option of internal relocation within Sierra Leone in the context of a threat from a family member. The Court found that, provided that regard has been had to relevant country of origin information, there is no obligation on the decision-maker under Article 8.2 of the Qualification Directive to seek out specific information on general economic and social conditions in a proposed site of re-location in the absence of any specific objection on that basis being put forward by the asylum seeker.

This case concerned the interpretation of Article 4.3 of the Qualification Directive and the nature of the assessment of the facts and circumstances of a refugee application that should take place. The Court rejected the argument that a failure by a first instance decision-maker to consider each of the mandatory matters set out in Article 4.3 rendered that decision unlawful such that it must be quashed, rather than allowing for any such defect to be cured by an appeal body. The obligation imposed by the Directive is satisfied when any errors or misjudgements at the first instance stage, including deficiencies in complying with Article 4.3 are remedied by an appeal stage.

Intimidation, loss of employment, humiliation, personal injury inflicted for reasons of sexual orientation and national legislation penalising homosexuals qualify as acts of persecution.

It is necessary to distinguish between the legal requirement to register a religious group under the law of the country of origin and enforcing such a registration with reasonable instruments permitted by the law, and the repressive actions of security units or other bodies of public authority towards members of a religious group that represent obvious excesses beyond the sphere of provisions permitted by law and which, at the same time, may, depending on particular circumstances, individually or on a cumulative basis, reach the intensity of persecution.

It is lawful to refer an ethnic Armenian applicant from Chechnya to internal protection in other regions of the Russian Federation. 

This case concerned the assessment of "group" persecution against Arab Sunnites in Iraq. In order to establish the existence of group persecution it is necessary to at least approximately determine the number of acts of persecution and to link them to the entire group of persons affected by that persecution ( "density of persecution"). Acts of persecution not related to the characteristics relevant to asylum (reasons for persecution) are not to be included.

The Court examined the issue of when the refusal of the applicant’s State of nationality to provide documents to allow her to be readmitted to that State represents a denial of the applicant’s nationality and, consequently, provides a basis for a claim for asylum. The Court held that the deprivation of nationality can constitute persecution. It further held that concepts of de jure and de facto nationality, applied by the Tribunal in the appeal, were likely to obscure the question of whether the applicant had a well-founded fear of persecution. It held that the correct standard of proof in respect of the issue of re-documentation will usually be the balance of probabilities rather than a reasonable degree of likelihood. It further held that, to prove her case, the applicant was under a duty to take all reasonable steps in good faith to obtain documents from the authorities of her State of nationality.

This case concerned the assessment of religious persecution. The court found that:

1. Even under the Qualification Directive not every restriction of religious freedom results in persecution within the meaning of asylum law. Whether a measure is tied to religion as a reason for persecution is found within Art 10 of the Qualification Directive; but what right is protected, and to what extent, proceeds from Art 9 of the Qualification Directive.
2. Interference in a core area of religious freedom represents a severe violation of a basic human right within the meaning of Art 9.1 of the Qualification Directive. Whether, and under what conditions, religious activity in public is also included, is a matter of uncertainty under Community law that must ultimately be clarified by the European Court of Justice.