Case summaries
The Applicant's claims that he would be in danger in Syria because of the civil war there were accepted, because he was a Christian and is considered an enemy by both sides and because he left his country illegally and applied for international protection. The Applicant's fear of being killed as a non-combatant in the civil war was considered to be well-founded. It was considered that there was a reasonable chance that he would be arrested and mistreated since the Syrian state would perceive him to have political beliefs since he had lived abroad and would be considered to be opposed to the regime. Internal relocation of the Applicant was not possible because if the Applicant were to return to any region of Syria he would be at risk of suffering serious harm because of the indiscriminate violence and also because the actor of persecution was national/governmental. The Applicant was recognised as a refugee.
This case concerned forced child labour in ther country of origin and sexual exploitation of the daughter of an Ethiopian father and an Eritrean mother, strained relations between the two countries, mass expulsions on the basis of ethnic origin, absence of a family network in the country of origin, total illiteracy, unequal treatment of single women, and an inability to integrate into society.
In relation to the absence of a family network, the case considered the stigma which may be suffered as a member of the particular social group of “single women in Ethiopia”.
Should she return to Ethiopia, it was considered likely that the Applicant would be totally ostracised to such an extent that she would be unable to integrate into society and enjoy her legal rights.
The Applicant’s objective fear was not considered well-founded as persecution was not considered reasonably likely. It was held that there was a reasonable likelihood that, should he return, the Applicant would be forced to live as an internally displaced person in degrading conditions because he lacked the family network that would be required in order to reintegrate him into his homeland socially and financially. Exposure to extreme living conditions constitutes degrading treatment and deporting a person to a country where he would be subject to such conditions violates Article 3 of the ECHR. Subsidiary protection status was therefore granted.
The Office of Immigration and Nationality (OIN) found the applicant not credible and therefore did not assess the risk of serious harm. Instead the OIN granted protection against refoulement. The Metropolitan Court ruled that the OIN was obliged to assess conditions for subsidiary protection and serious harm even if the applicant was not found credible.
Currently every Sunnite and Shiite from Central and South Iraq is to be considered as a refugee within the meaning of Section 60 (1) Residence Act and the 1951 Refugee Convention, if he/she originates from a region with mixed denominations.
Returnees who originate from regions of mixed denominations cannot obtain internal protection in any part of Iraq.