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Ireland - High Court, 11 May 2010, S and Another v Refugee Appeals Tribunal and Minister for Justice, Equality and Law Reform [2010] IEHC 177
Country of applicant: Israel
Keywords: Procedural guarantees

This concerned a claim of persecution as conscientious objector and the use of previous decisions. The first applicant claimed that he faced persecution in Israel because he was a conscientious objector. The Appeals Tribunal Member found that he was only a ‘partial’ objector and referred to a previous decision of his own in which he had entered into a detailed analysis the situation for conscientious objectors in Israel. This previous decision was not made available to the applicants or the legal issues raised were not flagged with the applicants’ legal advisors. The Court found that this previous decision was of such substance, importance and materiality that it ought to have been put to the legal representatives of the applicants for comment before the appeals were determined.

Date of decision: 11-05-2010
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.1,Art 9.2
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
Keywords: Persecution (acts of), Serious harm, Stateless person, Subsidiary Protection
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