Case summaries

UK - House of Lords, 15 February 2006, Januzi v Secretary of State for the Home Department & Ors [2006] UKHL 5
Country of applicant: Kosovo, Sudan

In assessing whether an applicant could obtain internal protection to avoid persecution, decision makers should consider whether it would be unreasonable or unduly harsh to expect the applicant to relocate to another part of their country. Decision makers should not make the assessment by comparing the conditions in the area of internal relocation to international human rights law standards or the conditions in the country of refuge. Rather, the starting point should be the guidance contained in the UNHCR Guidelines on International Protection (July 2003). Where the persecution emanated from the state all relevant factors had to be considered. It could not be said that there was no option of an internal relocation alternative on the basis of the presumption that the state can act throughout its territory.

Date of decision: 15-02-2006
Germany - High Administrative Court Schleswig-Holstein, 27 January 2006, 1 LB 22/05
Country of applicant: Iraq

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.

Date of decision: 27-01-2006
Czech Republic - Supreme Administrative Court, 21 December 2005, S.N. v Ministry of Interior, 6 Azs 235/2004-57
Country of applicant: Belarus

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

Date of decision: 21-12-2005
Greece - Council of State, 15 November 2005, Application No. 815/2006
Country of applicant: Iran

Within the meaning of the provisions of Article 2(1) and Article 3 para. 1, 4, 5, 7 and 8 of Presidential Decree 61/1999, for an appeal brought against an initial negative decision to be rejected for being out of time, there is no requirement for there to have been a prior judgment by the Committee formed under Article 3(5) which – as is clear from the regulations concerning its composition and operation – is responsible for considering the substantive conditions for recognising refugee status to a foreigner.

Date of decision: 15-11-2005
UK - House of Lords, 3 November 2005, Adam, R (on the application of) Secretary of State for the Home Department [2005] UKHL 66
Country of applicant: Angola, Ecuador, Ethiopia, Sudan

The House of Lords considered whether refusal or deprivation of state support to destitute asylum applicants, who were by law prohibited from working, was sufficiently severe as to engage Art 3 of the European Convention on Human Rights (ECHR).

Date of decision: 03-11-2005
Greece - Council of State, 11 October 2005, 3337/2005
Country of applicant: Afghanistan

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.  

Date of decision: 11-10-2005
France - CRR, Plenary session, 29 July 2005, Miss A., n°487336
Country of applicant: Somalia

Refugee Appeals Board/ Commission des recours des réfugiés (CRR) (CRR) held that the Somali government (Federal Transitional Government), was at the time of the decision, unable to effectively exercise organised power within Somali territory and under these circumstances to provide protection to the members of the Reer Hamar clan; no other authority is able to provide protection to the members of this community.

Date of decision: 29-07-2005
France - CRR, Plenary session, 29 July 2005, Miss T., n°519803
Country of applicant: Cameroon

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.

Date of decision: 29-07-2005
Greece - Council of State, 12 July 2005, 2232/2005
Country of applicant: Iraq

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.

Date of decision: 12-07-2005
Greece - Thrace Appeal Council, July 2005, Application No. 139/2005
Country of applicant: Azerbaijan

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.

Date of decision: 07-07-2005