Case summaries

Poland - Supreme Administrative Court in Warsaw, 4 June 2002, V SA 2817/01
Country of applicant: Russia

When assessing an application for refugee status, what is important is whether the acts of persecution were carried out for the reasons identified in the Geneva Convention, and not whether or to what extent the victim of persecution can be identified with those reasons.

Fear of persecution within the meaning of Article 1A(2) of the Geneva Convention need not mean that persecution is certain or even probable. Recognition of refugee status is already justified where there are reasonable grounds for asserting the possibility of persecution. “Possibility” means that persecution may take place although it is neither certain nor probable, and the “reasonable grounds” requirement indicates the need to establish real and objective evidence of the risk of persecution. The plausibility of the threat is shown by the situation in the country of origin of the person applying for refugee status as well as that person’s experience to date.

Date of decision: 04-06-2002
UK - Court of Appeal, 24 April 2002, S & Ors v Secretary of State for the Home Department [2002] EWCA Civ 539
Country of applicant: Croatia
This case concerned Country Guidance case law and the Court of Appeal’s direction on its application in subsequent asylum claims (see judicial guidance in comments section below).
Date of decision: 24-04-2002
UK - Immigration Appeal Tribunal, 19 February 2002, Tanveer Ahmed [2002] UKIAT 00439
Country of applicant: Pakistan
This decision established that the burden of demonstrating the reliability of documents adduced in an asylum case lay on the applicant.  Only when an allegation of forgery was made  and it was necessary to determine whether the documents were forged did the burden shift to the Home Office. In that case the standard was the balance of probabilities.
Date of decision: 19-02-2002
Poland - Supreme Administrative Court in Warsaw, 14 February 2002, V SA/Wa 1673/01,
Country of applicant: Palestinian Territory

One cannot demand recognition of refugee status pursuant to Article 1A(2) of the Geneva Convention where protection can be provided pursuant to Article 1D of the Convention. The phrase used in the first sentence of Article 1D of the Convention – “persons who are at present receiving… protection or assistance” – relates to those Palestinians who could avail themselves of protection on the date of the Convention, i.e., on 28 July 1951., and to their direct descendants born after that date, provided they remain under the mandate of UNRWA (United Nations Relief and Works Agency). “Protection or assistance” for Palestinians is provided solely in areas under the UNRWA mandate. Therefore, exclusions from protection under the Geneva Convention relate only to those Palestinians who reside permanently in those areas.

Date of decision: 14-02-2002
ECtHR - Čonka v Belgium, Application no. 51564/99, 5 February 2002
Country of applicant: Slovakia

The applicants were unlawfully detained and had no effective remedy to challenge their detention. There was a finding that they had been collectively expelled, given the context of their expulsion along with many others of the same nationality, and as their individual circumstances had not been adequately taken into consideration. 

Date of decision: 05-02-2002
UK - Court of Appeal, 3 January 2002, Svazas v Secretary of State for the Home Department [2002] EWCA Civ 74
Country of applicant: Lithuania

Where the actors of persecution feared are themselves state agents consideration must still be given to whether the applicant can avail himself of protection, but this assessment must be made in context. There will be a spectrum of cases between, on the one extreme, those where the only ill-treatment is by non-state actors and, on the other extreme, those where the state itself is wholly complicit in the ill-treatment.

Date of decision: 03-01-2002
ECtHR - Sen v. the Netherlands, Application no. 31465/96, 21 December 2001
Country of applicant: Turkey

The European Court of Human Rights found an infringement of the applicants’ right to respect for their family life, guaranteed by Article 8 of the European Convention on Human Rights, on account of the rejection of their application for a residence permit for their daughter.

Date of decision: 21-12-2001
ECtHR - K.K.C. v. the Netherlands, Application No. 58964/00, 21 December 2001
Country of applicant: Russia

The present case, which ended in a friendly settlement between the parties, concerned the allegations of a Russian national that he would be exposed to ill-treatment if expelled to Russia.

Date of decision: 21-12-2001
UK - Immigration Appeal Tribunal, 19 July 2001, Kacaj v Secretary of State for the Home Department [2001] UKIAT 0018
Country of applicant: Albania
This case confirmed that the UK will apply a single standard of proof for protection claims, whether based on Refugee Convention grounds or Art 3 of the European Convention on Human Rights (ECHR).
Date of decision: 19-07-2001
ECtHR - Hilal v. the United Kingdom, Application no. 45276/99, 6 June 2001
Country of applicant: Tanzania

The European Court of Human Rights ruled that the proposed expulsion of a Tanzanian national from the United Kingdom to Tanzania will expose him to inhuman and degrading treatment, in violation of Article 3 of the Convention.

Date of decision: 06-06-2001