Case summaries
The decision of the asylum authority was annulled on the basis that there was insufficient evidence that an internal protection alternative existed.
The accusation of a breach of the individual's right to information about the rules and procedures of the refugee status proceedings and about the rights and obligations of the applicant was unfounded, as the application form for refugee status contained this information and was signed by the individual in question to acknowledge that she had been duly informed.
For refugee status to be recognised on grounds of a risk of persecution by non-state actors, it needs to be shown that this risk is linked to persecution grounds listed in the Convention.
'Women subject to domestic violence' do not constitute a social group. The assessment of whether women in Russia constitute a social group within the meaning of the Convention requires an assessment of the actual situation in the country of origin.
The Kenyan applicant was a potential victim of female genital mutilation (FGM) and she faced forced marriage upon return. The Court stated that even if there was a risk of persecution in case of a return to the country of origin, the applicant could reasonably be expected to relocate internally as it was feasible in the circumstances.
The Ministry of Interior rejected the asylum claim of an Algerian woman who requested protection based on gender persecution by a non-state agent. The High National Court, on appeal, ruled that gender is considered as a “particular social group” and that it is not necessary that the persecution is carried out by state actors but also by non-state actors under certain circumstances. The applicant was granted Refugee status.
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.
Internal protection is considered available for women suffering domestic abuse and violence in Albania.
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.
Gender may be a feature defining a social group, so women can be a particular social group.
Violence, beating, and bullying constitute persecution, even if these acts are committed by the local community or individual members thereof.
It is vital to determine whether the applicant obtained help from the state when she requested it or whether there was a genuine (and not just theoretical) opportunity to seek protection.
The case concerned a woman who feared return to Sierra Leone because she would face gender specific persecution in the form of Female Genital Mutilation (FGM). The issue was whether she was entitled to recognition as a refugee because she feared persecution on account of her membership of a particular social group. Her appeal was allowed on the basis that women in Sierra Leone and, alternatively, uninitiated women who had not been subjected to FGM in Sierra Leone, were particular social groups.