Case summaries

This case concerned the application of Art 10.1 (d) of the Qualification Directive, as applied to lesbians from Iran. It was found that the "particular social group", described as homosexual (lesbian) women, has a distinct identity in Iran, because they are perceived as being different by the surrounding society (Art. 10.1 (d) (1) of the Qualification Directive).

Further, that there is a high likelihood that a homosexual relationship between women would be persecuted when detected, because it constitutes a breach of a cultural norm, even worse than among homosexual (gay) men.

Persecution by non-State actors according to Section 60 (1) sentence 4 (c) of the Residence Act (similar to Art 6 (c) of the Qualification Directive) is not established if the group of actors is small and only consists of a limited number of private persons. In this case, the "dangerousness" of the persecution is not comparable to those cases where the persecution stems from the State or State-like actors according to Section 60 (1) sentence 4 (a) and (b) of the Residence Act (similar to Art. 6 (a) and (b) of the Qualification Directive) .

A family or an extended group of relatives do not constitute a "social group" in the context of refugee protection. A family is not clearly perceived as a definable group with its own "group" identity. Such a clear definition of a family or clan could only be established if membership of the family was considered of high importance and the family or clan had a distinct identity.

Membership of a political party is not required to establish persecution for reasons of political opinion.

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.  

Women who want to escape from a forced marriage, whose attitude is perceived by whole or part of the society of their country of origin as an infringement of the applicable customs and laws, and who therefore face a risk of persecution against which the authorities are unable or unwilling to provide protection, must be considered as members of a social group in the meaning of Article 1A(2) of the 1951 Refugee Convention; when these conditions are not fulfilled, in particular when their behavior is not perceived as an infringement of the social order, these women nevertheless face the risk of suffering inhuman or degrading treatment and should therefore be granted subsidiary protection.

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.

The European Court of Human Rights held that the expulsion of an Eritrean deserter to Eritrea would give rise to a violation of Article 3 of the Convention.

In the conditions which currently prevail in some rural areas in Eastern Turkey, the attitude of women of Kurdish origin who want to escape from a forced marriage is perceived by society and the authorities as an infringement of their customs, these women are therefore subjected to persecution committed with the assent of the population. Women who refuse forced marriage in these areas form a group whose members, by reasons of common characteristics which define them in the eyes of Turkish society, are likely to face persecution against which the authorities are unable to provide protection.

The judgment defined a particular social group as a group of persons that objectively share common characteristics or who at least are perceived to do so by society. This characteristic is often of an innate and unchangeable nature or is otherwise fundamental to human identity, conscience or to the exercise of those particular persons’ human rights. This characteristic cannot be constituted by the risk of persecution itself.