Case summaries

UK - High Court, 25 July 2008, MT, R (on the application of) v Secretary of State for the Home Department & Ors [2008] EWHC 1788
Country of applicant: Congo (DRC)
Keywords: Detention, Torture

The High Court considered the duty to inquire before authorising detention and fast tracking of asylum seekers and the liability of the state for the failures of contractors and sub contractors.

Date of decision: 25-07-2008
ECtHR-C.G. and others v. Bulgaria, Application no. 1365/07, 24 July 2008
Country of applicant: Turkey

The European Court of Human Rights found that the expulsion of a Turkish national from Bulgaria violated his right to respect for private and family life (Article 8) and his right to an effective remedy (Article 13). What is more, it held that the Bulgarian authorities did not abide with the procedural safeguards relating to the expulsion of nationals. 

Date of decision: 24-07-2008
Belgium - Council for Alien Law Litigation, 9 July 2008, Nr. 13.874
Country of applicant: Russia
The CALL considered the evolution of the definition of “particular social group” and held that such a group can also be formed on the basis of an innate characteristic; such as a person’s gender. Protection was granted to a victim of serious domestic violence, on the basis of her belonging to the social group of women in Russia.
Date of decision: 09-07-2008
Ireland - High Court, 27 June 2008, A.B.O. v Minister for Justice, Equality and Law Reform [2008] IEHC 191
Country of applicant: Nigeria

This case concerned the test to be applied by the Minister as the decision-maker in applications for subsidiary protection. The Court held that it was permissible for the Minister to have regard to the reports and findings of other decision-makers in the asylum process (specifically the Refugee Appeals Tribunal). However, a particularly careful and thorough analysis will be required if the case for subsidiary protection is put on an entirely new basis which has never been considered at any stage of the process. In relation to state protection, the Court reiterated that the onus lies on an applicant to provide clear and convincing proof of a state’s inability to protect its citizens.

Date of decision: 27-06-2008
Germany - Federal Administrative Court, 24 June 2008, 10 C 43.07
Country of applicant: Iraq

This case concerns the definition of the term “internal armed conflict” within the meaning of Art 15 (c) of the Qualification Directive:

  1. When defining the term “international or internal armed conflict” as set out in Art 15 (c) of the Qualification Directive one has to take into account international law, in particular the four Geneva Conventions on International Humanitarian Law of 12 August 1949 and the Additional Protocols of 8 June 1977.
  2. An internal armed conflict within the meaning of Art 15 (c) of the Qualification Directive does not necessarily have to extend to the whole territory of a state.
  3. An examination of the requirements for subsidiary protection under Art 15 (c) of the Qualification Directive is not precluded if the authorities have issued a general “suspension of deportation”.
Date of decision: 24-06-2008
Germany - High Administrative Court Nordrhein-Westfalen, 19 June 2008, 20 A 4676/06.A
Country of applicant: Afghanistan

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.

Date of decision: 19-06-2008
France - CNDA, 10 June 2008, Mr. A., n°462102
Country of applicant: Iraq

The situation of the homosexuals which currently prevails in Iraq enables them to be  considered as forming a group whose members are likely to face acts of such gravity that they may amount to persecution in the meaning of Article 1A(2) of the 1951 Refugee Convention.

Date of decision: 10-06-2008
Germany – Federal Administrative Court, 29 May 2008, 10 C 11.07
Country of applicant: Azerbaijan, Turkey

The concept of internal protection only applies if the asylum-seeker is able to reach the relevant region in a reasonable manner. In the light of Art 8 of the Qualification Directive an asylum-seeker can only be reasonably expected to stay in another part of his country of origin if he does not face risks in this region. The general situation in the region of internal protection and the applicant’s personal circumstances has to be taken into account. It is irrelevant for the granting of refugee status whether such risks likewise exist in the region of origin.

Date of decision: 29-05-2008
France - Administrative Court of Appeal, 28 May 2008, Mr.X., No 07LY00098
Country of applicant: Kosovo

If a Member Sate has issued a visa that enables an applicant to enter its territory and that visa has expired less than six months previously, that Member State is responsible for the examination of the applicant’s asylum application as long as the applicant has not left the territory of the EU Member States. In this case, the visa issued by Slovenian authorities expired only 5 days before the asylum application was made in France. Slovenia was, therefore, the responsible Member State under Art 9(4) Dublin Regulation.

Date of decision: 28-05-2008
Slovakia - Migration Office, 27 May 2008, M.H. v Ministry of the Interior of the Slovak Republic, 1 Sža/6/2008
Country of applicant: Iraq

In view of the fact that the Regional Court failed to address the objections made by the Appellant in his appeal, unlawfully considered the  Appellant to be making an application for recognition as a refugee sur place, failed to deal with the evidence submitted by the Appellant in conjunction with his appeal (that his case was different from an application for recognition as a refugee “sur place”), and since it was beyond doubt that the Court acted on outside of  the subject matter of the appeal, it denied the Appellant the opportunity to have his objections heard before the Court.

Date of decision: 27-05-2008