Case summaries

Belgium – Council for Alien Law Litigation, 12 May 2011, Nr. 61.630
Country of applicant: Russia

The CALL confirmed that the need for protection should be assessed in relation to the country of nationality (or, for stateless persons, vis-à-vis the country of former habitual residence) and that this is not influenced by the fact that the applicant resided in a “safe third country” or in a “first country of asylum,” or has a “real residence alternative,” these concepts having no grounds in Belgian law. The CALL did however add that if the applicant has refugee or subsidiary protection status in another country, he/she has no direct interest in having that status also recognised in Belgium, except if he/she can demonstrate a fear of persecution or a real risk of serious harm in that other country. 

Date of decision: 12-05-2011
Ireland - High Court, 5 May 2011, A.B. v Refugee Appeals Tribunal [2011] IEHC 198
Country of applicant: Afghanistan

In applying Art 12 of the Qualification Directive concerning exclusion from refugee status, the decision-maker is required to conduct an individual assessment of the applicant’s circumstances and, specifically, of his own complicity, if any, in crimes against humanity.

Date of decision: 05-05-2011
France - Council of State, 4 May 2011, Ofpra vs. Mr. A., n°320910
Country of applicant: Unknown

Article 1F(b) of the 1951 Refugee Convention is applicable even if the sentence (for a serious non-political crime) has been served. The Court has to inquire whether the reception of the applicant in France represents a danger or a risk to the population.

Date of decision: 04-05-2011
France - CNDA, 29 April 2011, Miss E., n°10012810
Country of applicant: Nigeria

Prostitutes who come from the State of Edo, and who are both victims of human trafficking and anxious to extricate themselves actively from these networks, form a group whose members are, by reason of these two common characteristics which define them, likely to be subjected to persecution within the meaning of Article 1A(2) of the 1951 Refugee Convention, without being able to avail themselves of the protection of the Nigerian authorities. They are members of a particular social group.

Date of decision: 29-04-2011
Netherlands - AJDCoS, 29 April 2011, 201010327/1/V2
Country of applicant: Kosovo

The case concerned whether or not the applicant could relocate in her country of origin in order to be safe. Any such assessment had to be considered in light of whether or not the (local) authorities could offer sufficient protection to the applicant.

Date of decision: 29-04-2011
Belgium – Council for Alien Law Litigation, 29 April 2011, Nr. 60.622
Country of applicant: Guinea
The CALL held that the examination of credibility should not overshadow the actual question of whether the applicant has reasons to fear persecution. In this case, refugee status was granted on the basis of a well-founded fear of persecution, by way of a forced marriage and a second excision (Female Genital Mutilation (FGM)).
Date of decision: 29-04-2011
CJEU - C-61/11, PPU El Dridi
Country of applicant: Unknown
Keywords: Detention, Return

The Directive on the return of illegal immigrants precludes national rules imposing a prison term on an illegally staying third-country national who does not comply with an order to leave the national territory.

Date of decision: 28-04-2011
Sweden – Migration Court, 27 April 2011, UM 20800-10
Country of applicant: Iran

This case concerned the risk that Christian converts face in Iran. The applicants, from Iran, were granted a residence permit and refugee status because their Christian belief came to the Iranian authorities' attention.

Date of decision: 27-04-2011
France - CNDA, 23 April 2008, Miss N., n°574495
Country of applicant: Nigeria

Women who are subjected to the norms and customary laws of FGM and forced marriage in rural areas in Nigeria cannot avail themselves of the protection of the State authorities, and their attitude is perceived as an infringement by the community members. They therefore form a social group within the meaning of Article 1 A (2) of the 1951 Refugee Convention. Furthermore, the impossibility of marrying another person constitutes an obstacle to leading a normal life in another part of the country and an alternative protection alternative cannot be considered. 

Date of decision: 23-04-2011
Hungary - Metropolitan Court, 22 April 2011, 17.K30.864/2010/18
Country of applicant: Afghanistan

The applicant could not substantiate the individual elements of his claim with respect to his well-founded fear of a blood feud; however, he was able to satisfy the criteria for subsidiary protection. As a result of the armed conflict that was ongoing in the respective province in his country of origin (Ghazni, Afghanistan), the high intensity of the indiscriminate violence was deemed to be sufficient to be a threatening factor to the applicant’s life. As a result, the criteria of subsidiary protection were fulfilled.

Date of decision: 22-04-2011