Case summaries

ECtHR – Al-Saadoon and Mufdhi v. the United Kingdom, Application No. 61498/08, 30 June 2009 – Admissibility Decision
Country of applicant: Iraq

This case concerned the decision of the Court as to the admissibility of the application of two Iraqi nationals who had been detained in Iraq by the British government as criminal detainees and then transferred by it to the Iraqi authorities. The Court held that the application was partly admissible. 

Date of decision: 30-06-2009
Greece - Council of State, 29 June 2009, Application No. 2160/2009
Country of applicant: Bangladesh

The discrepancies between the evidence which the Administration and the asylum Applicant presented to the Council of State created serious doubts about whether the facts invoked by the Applicant to confirm his refugee status were correctly recorded and in general about the lawful examination of the said application in compliance with the procedures stipulated by the provisions of Articles 2(3) and 3(7) of Presidential Decree 61/1999.

Date of decision: 29-06-2009
France – Council of State, 26 June 2009, Mr. A. v Prefect of Bouches du Rhône, No 329035
Country of applicant: Afghanistan

An intervention by the French urgent applications judge [juge des référés] on the grounds of urgency is not considered until a decision on a transfer of an asylum applicant under the Dublin Regulation has been made. In this case, the asylum applicant was not yet subject to a transfer decision and there was therefore no particular need for an urgent intervention within the 48-hour period, as provided by article L.521-2 of the French Code on Administrative Justice.  

Date of decision: 26-06-2009
UK - Court of Appeal, 24 June 2009, QD & AH (Iraq) v Secretary of State for the Home Department with the United Nations High Commissioner for Refugees Intervening [2009] EWCA Civ 620
Country of applicant: Iraq

In this case the Court of Appeal considered the interpretation of Art 15 (c) of the Qualification Directive applying the decision of the CJEU in Elgafaji (C-465/07; 17 February, 2009).

Date of decision: 24-06-2009
Belgium – Council for Alien Law Litigation, 16 June 2009, Nr. 28.796
Country of applicant: Afghanistan

This case concerned subsequent applications and previous findings. The CALL ruled that, when deciding on a subsequent application, it is not competent to re-judge issues that have been decided in earlier applications. The CALL confirmed that those issues are final, unless evidence is submitted that is of such a nature that it demonstrates in a certain manner that those earlier decisions would have been different had that evidence been submitted at that time. 

Date of decision: 16-06-2009
France - CNDA, 9 June 2009, Mr. H., n°639474/08019905
Country of applicant: Somalia

The situation which prevails today in Mogadishu must be seen as a situation of generalised violence resulting from a situation of internal armed conflict. Its intensity is sufficient to consider that today the applicant faces a serious, direct and individual threat to his life or person, without being able to prevail himself of any protection.

Date of decision: 09-06-2009
UK - House of Lords, 5 June 2009, Secretary of State for the Home Department v Nasseri, [2009] UKHL 23
Country of applicant: Afghanistan

UK domestic legislation that deemed that EU member states were safe third countries for the purposes of removal under the Dublin Regulation was not, as a matter of course, incompatible with Article 3 ECHR and the Human Rights Act 1998. However, if the applicant could show that his or her rights under Article 3 ECHR would be breached by his or her removal to Greece, a declaration of incompatibility between the legislation and the Human Rights Act would be made, although the Court would be prevented from finding that the removal would breach the applicant’s rights.  However, the evidence combined with the ECtHR’s ruling in KRS v. UK was not sufficient to indicate that there was such a risk and, in any event, the applicant could seek the protection of the ECtHR in Greece.

Date of decision: 05-06-2009
Slovakia - F.CH. v Ministry of Interior of the Slovak Republic, 26 May 2009, 1Sža/12/2009
Country of applicant: Cameroon

Insofar as the Migration Office relied on the Applicant’s claim that he was a member of the SCNC and recognised this ground for the purposes of the subsidiary protection procedure without disputing the claim of membership of the SCNC, and insofar as the deliberations on the possibility of serious harm resulting from this membership led to the granting of subsidiary protection, it seems illogical that the Migration Office disputed these grounds in the asylum procedure because of the unreliability of the Applicant’s claim regarding membership, concluded that the Applicant had failed to demonstrate a well-founded fear of persecution on this ground, and thus refused to grant him asylum on this basis. 

Date of decision: 26-05-2009
Belgium – Council of State, 26 May 2009, Nr. 193.523
Country of applicant: Russia
The Council of State ruled that in support of an application for subsidiary protection a mere reference to the general situation in the country of origin is insufficient, and that the applicant needs to make a link between that general situation and his/her personal situation, even if no proof of an individual threat is required. The applicant’s account was found to be implausible regarding her recent stay/residence and as a result the applicant made the establishment of such a link impossible.
Date of decision: 26-05-2009
Netherlands - AJDCoS, 25 May 2009, 200702174/2/V2
Country of applicant: Iraq

Article 15(c) of the Qualification Directive only offers protection in exceptional circumstances where there is a high level of indiscriminate violence.

Date of decision: 25-05-2009