Case summaries

  • My search
  • Relevant International and European Legislation
    1
Reset
France - CRR, Plenary session, 25 June 2004, Mr. B., n°446177
Country of applicant: Algeria

Having regard to the security situation which prevailed in the area of Chlef, the CRR did not consider that the Algerian authorities were, at the time, able to provide protection against the persecution inflicted by Islamic armed groups. Furthermore, given the impossibility of finding employment and the constant fear of being forcibly returned to this area, it was not reasonable to consider that Algiers constituted an internal protection alternative.

Date of decision: 25-06-2004
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 8,Art 2,Art 7,Art 6
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
Relevant International and European Legislation: Art 1A (2),Art 8,Art 2,Art 9,Art 10,Art 23,Art 1F,Para 41,Para 43