Case summaries

B.G., a citizen of the Russian Federation, applied for refugee status, citing persecution experienced due to his brother being in prison. The authorities of both instances questioned his credibility, citing numerous inconsistencies in the various testimonies given. The foreignor then appealed to the Regional Administrative Court, which dismissed the appeal on the grounds that the proceedings had been conducted properly and referring to the fact that the foreignor was able to flee internally in his country of origin.

The authority conducting the proceedings provides, where necessary, translations into Polish of documents in a foreign language that are admissible as evidence in refugee status proceedings.

The option of internal flight means that if there is a part of the country of origin where there are no circumstances justifying the foreignor's fear of persecution or serious harm and it can reasonably be presumed that the foreignor will be able to move there without impediment, there is no well-founded fear of persecution or actual risk of serious harm in the country of origin. If the conditions in one region do not suit the foreignor, he can try to move to another part of the country.

The Applicants' applications for asylum were rejected as they did not tell the truth about their former residence(s) before moving to Belgium, and it could therefore not be ruled out that they were also nationals of or enjoyed protection status in another country. However, they could not be deported to Afghanistan, even though it was at least established that they were Afghan nationals.

1. Changes in the home country are only considered to be sufficiently significant and non-temporary if the refugee’s fear of persecution can no longer be regarded as well-founded.
2. Based on the jurisprudence of the European Court of Human Rights (ECtHR) which applies to the concept of “real risk” according to Article 3 ECHR (European Convention on Human Rights), a uniform standardof probability is applied to assessing the likelihood of persecution in the context of refugee protection; this corresponds to the standard of substantial probability. 

1. If an Iranian national is declined the opportunity to obtain a school-leaving certificate and attend a state school because of the refusal by Iranian authorities to issue him with identity papers, this constitutes a significant discriminatory administrative measure according to Article 9 paragraph 2 of the Qualification Directive.

 
2. The right to suitable education corresponding to a child’s abilities is recognised as a human right according to international law.

In this case the Tribunal considered the situation of refugee’s fiancé(e)s, who are not covered by the provisions relating to spouses and children. In general their exclusion is unlikely to be proportionate and their claim should succeed under Art 8 of the European Convention on Human Rights (ECHR).

In this case the Tribunal considered the general country situation in Somalia as at the date of decision for five applicants, both men and women from Mogadishu, south or central Somalia, Somaliland and Puntland. The risk of female genital mutilation (FGM) was also considered.

An Ethiopian man was considered eligible for protection as a refugee due to his involvement in the government-hostile OLF guerilla group, which has been declared a terrorist organisation.

If an applicant for international protection has citizenship of one country and a place of last permanent residence in another country, the assessment of persecution or serious harm is considered primarily with regard to the country of nationality. The country of last permanent residence is examined in cases of stateless persons.

When establishing the necessary “density of danger” in an internal armed conflict within the meaning of Section 60 (7) (2) Residence Act/Art. 15 (c) Qualification Directive, it is not sufficient to quantitatively determine the number of victims in the conflict. It is necessary to carry out an “evaluating overview” of the situation, which takes into account the situation of the health system. However, this issue was not decisive in the present case, as the applicant would only face a low risk of being seriously harmed.

When refusing a claim for asylum the decision-maker must establish beyond reasonable doubt that the applicant's fear is not well founded.