Case summaries

Children who were born in France and who claim a fear of persecution because they refuse to be subjected to female genital mutilation (FGM) in their country of origin fall within the scope of subsidiary protection. The effective implementation of this protection requires that the child is not separated from her mother and that the mother benefits from the same protection.
 

The accusation of a breach of the individual's right to information about the rules and procedures of the refugee status proceedings and about the rights and obligations of the applicant was unfounded, as the application form for refugee status contained this information and was signed by the individual in question to acknowledge that she had been duly informed.

For refugee status to be recognised on grounds of a risk of persecution by non-state actors, it needs to be shown that this risk is linked to persecution grounds listed in the Convention.

'Women subject to domestic violence' do not constitute a social group. The assessment of whether women in Russia constitute a social group within the meaning of the Convention requires an assessment of the actual situation in the country of origin.

The Migration Board set out the burden of proof for presenting an internal protection alternative. The area has to be clearly identified as well as being relevant and plausible.

The Supreme Court held, in light of a UNHCR Report concerning Colombian asylum seekers, that the burden of proof had been reversed; the High National Court had to establish that the Colombian authorities could effectively protect the applicant from the agents of persecution.

The applicant, being in a religiously mixed marriage, can be considered as a person having a justified fear of being persecuted for religious reasons. In accordance with the Qualification Directive, the deciding authority is obliged to gather sufficient information on the accessibility and effectiveness of protection provided by state authorities in the country of origin.

Internal protection is considered available for women suffering domestic abuse and violence in Albania. 

Non-state actors (private individuals) can be actors of persecution in relation to persons entitled to asylum, as well as actors of serious harm in relation to persons entitled to subsidiary protection.

A Lebanese woman was recognised as a refugee after a death threat by her brother because of her way of life. The court found:

1. State protection doesn’t exist against ‘honour killings’ in Lebanon.
2. Women who do not accept discrimination and denial of rights, which are based on tradition and social circumstances in their home country, constitute a particular social group in terms of Art. 10 (2) (d) of the Qualification Directive.
3. Even a single person can be a non-state actor under Section 60 (1) sentence (4) (c) of the Residence Act (identical to Art 6 (c) of the Qualification Directive).

The applicant, a lesbian from Iran, was recognised as a refugee. The court found:

1. It is unreasonable for homosexuals to refrain from sexual activities in order to avoid persecution.

2. Although there is no systematic persecution of homosexuals in Iran, there is a considerable risk of detection and persecution.

This case concerned actors of protection and found with reference to Art 7 of the Qualification Directive that the existence of an effective legal system is not an independent factor for considering the question of whether adequate protection can be provided.