Case summaries
The situation in Logar province in Afghanistan can be characterised as an internal armed conflict. Therefore, the applicant as a member of the civilian population is at a significant risk in terms of Art 15 (c) of the Qualification Directive.
In the situation which currently prevails in Algeria, while homosexuality is in some ways tolerated by society, as long as it is not explicitly expressed by the behaviour or the clothes, individuals who openly manifest their homosexuality may nevertheless be subjected to intimidation in their social environment and by the security forces. In addition, legislation punishes homosexuals by a prison sentence and a fine.
No provision imposes a time limit on the determining authority within which a decision on asylum applications has to be taken. The only obligation, for which no sanction is foreseen, is to inform the applicant when a decision cannot be taken within a period of six months.
This case concerned the appropriate manner in which an application for subsidiary protection is to be decided where there may be at least an implicit claim of a “serious and individual threat” to the applicant by reason of indiscriminate violence. The Court found that Article 15(c) of the Directive does not impose a free-standing obligation on the Minister to investigate a possible armed conflict situation, it is for the applicant to make this claim and to make submissions and offer evidence establishing that he is from a place where there is a situation of international of internal armed conflict, and that he is at risk of serious harm by reason of indiscriminate violence.
Art 5 of the Qualification Directive does not require that the relevant activity, in relation to a sur place claim that gives rise to well-founded fear of persecution, is a continuation of previous activities performed in the country of origin.
Revocation of refugee status was lawful for a leading member of an organisation which has committed war crimes, crimes against humanity and acts contrary to the purposes and principles of the United Nations (president of the Forces Démocratiques pour la Libération du Rwanda - FDLR).
The protection provided by the 1951 Refugee Convention can only be afforded if it is established that the asylum applicant, for a valid reason linked to one of the grounds listed in Art 1A(2) of this Convention, is unable or unwilling to avail him/herself of the protection of the country(ies) of nationality or, for a stateless person, of the country of habitual residence.
Academics are not a particular social group in the context of the refugee definition.
Vendetta constitutes a serious harm falling within the scope of subsidiary protection.
This case concerned the refusal of a Refugee appeal on the basis that Sate protection was available and/or that the applicant could relocate within Nigeria and avoid persecution. In support of the finding that State was available; the Tribunal Member relied upon part of a UK Home Office Operational Guidance Note (OGN) on Nigeria that had not been provided to the applicant. The Court found that the applicant not afforded fair procedures. She had no opportunity to comment upon the information in the OGN. The Court also found that the issue of whether or not State protection is available does not depend upon the existence of a police complaints procedure but upon a determination that there exists in the country of origin as a matter of current practice, an effective system for the detection, investigation, prosecution and conviction of crimes of the kind which form the subject matter of the complaint.