Case summaries
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.
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.
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.
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.
A female applicant from Syria belonging to a minority group was eligible for refugee protection based on the lack of fundamental rights and freedoms for the minority to which she belonged, in addition to her political activities.
Applying the guidance on assessing internal protection found in AH (Sudan) and Januzi (see separate summaries), it would be unduly harsh for an applicant to have to survive in the area of internal relocation through enforced prostitution even if this was widespread in the country of origin. An applicant’s individual vulnerability should be taken in to account in assessing internal protection.
The case concerns the extent to which decision-makers should take into account a change of circumstances or situation in the country of origin.
Art 10.1 (b) of the Qualification Directive guarantees wide reaching protection of the freedom of religion. However, merely belonging to the Ahmadiyya religious community does not justify the granting of refugee status.
This case concerned the procedure for considering new evidence in subsequent asylum applications. The CALL found that the Immigration Department had not assessed whether a submitted document constituted a new element or not, but had instead decided that the document would not result in a determination of the existence of serious indications of a well-founded fear of persecution. In doing so, it was found that the Immigration Department had acted unlawfully (Art 51/8 of the Belgian Aliens Law).
Gender may be a feature defining a social group, so women can be a particular social group.
Violence, beating, and bullying constitute persecution, even if these acts are committed by the local community or individual members thereof.
It is vital to determine whether the applicant obtained help from the state when she requested it or whether there was a genuine (and not just theoretical) opportunity to seek protection.