Case summaries

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

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.

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 right to obtain information about the whereabouts of a disappeared family member, as well as publicising the information concerning the disappearance, belong, according to the Czech Charter of Fundamental Rights and Freedom, to political rights. Therefore, the applicant must be granted asylum if he had been persecuted for exercising this right.

The High Administrative Court decided that a considerable likelihood of group persecution of Hindus in Afghanistan did not exist. The “density” of recorded acts of violence was too low to justify the assumption that Hindus were facing an accumulation of human rights violations or other measures within the meaning 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.

A female applicant from Syria belonging to a minority group was eligible for refugee protection based on the lack of fundamental rights and freedoms for the minority to which she belonged, in addition to her political activities.