Case summaries
UK - Court of Appeal , 9 August 2008, MA (Palestinian Territories) v Secretary of State for the Home Department [2008] EWCA Civ 304
Country of applicant:
Palestinian Territory
It is not in principle persecution to deny a stateless person re-entry to their country of formal habitual residence. However, it may be persecution for a state to arbitrarily exclude one of its nationals.
Date of decision:
09-08-2008
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 9.2,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3
Germany - High Administrative Court of Baden-Wurttemberg, 20 May 2008, A 10 S 72/08
Country of applicant:
Pakistan
Keywords:
Non-state actors/agents of persecution, Persecution Grounds/Reasons, Standard of proof, Unaccompanied minor, Religion, Discrimination
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.
Date of decision:
20-05-2008
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.3,Art 9.2,Art 10.1 (b),Art 9.1,Art 2 (c),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 9
Czech Republic - Supreme Administrative Court, 21 December 2005, S.N. v Ministry of Interior, 6 Azs 235/2004-57
Country of applicant:
Belarus
Keywords:
Persecution Grounds/Reasons, Political Opinion
Membership of a political party is not required to establish persecution for reasons of political opinion.
Date of decision:
21-12-2005
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 9.2,Art 10.1 (e),Art 9.1