Case summaries
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.
The applicant lodged an appeal before the Supreme Court against the High National Court’s decision to reject her asylum application. She claimed to have experienced persecution in Nigeria for religious reasons: her parents were killed in a religious confrontation between Muslims and Catholics. However, she did not explain how this fact was linked to a subsequent persecution. The Court held that the applicant was not a victim of religious persecution in accordance with the 1951 Refugee Convention, but that she had fled from a general conflict and a situation of political instability.
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.
Application for annulment of a decision by the Minister of Public Order
This case concerned the interpretation of Presidential Decree 61/1999 in light of Directive 2004/83/EC andexamined the reasoning of the Administration's decision in an application for recognition as a refugee, in an appeal for annulment. The minutes of the Advisory Committee should cite not only the interested party's claims but also the content of the questions put by members of the Committee and the alien's responses, as well as a detailed assessment of the claims and of any documentation or other evidence which may have been submitted. There is an obligation on the members of the Committee to deliver a reasoned judgment on the credibility of the asylum seeker.
In order to assess the persecution fears of a person in case of return to his/her country of origin, concrete modes in which such a return will most likely take place must be taken into consideration.