Case summaries
This case concerned an appeal against the refusal of international protection to an Imam from Kazakhstan who claimed persecution from state actors because of his religion. The Ministry of Interior (MOI) and the Regional Court considered that persecution had not been established, and that the behaviour of the authorities had not been motivated by the applicant’s religious belief of “pure Islam” (this is a term that is used to distinguish themselves from other Muslims). However, the Supreme Administrative Court (SAC) disagreed and found that due to the specific circumstances of the applicant (an Imam) there was a risk of persecution. The Court also stated that refugee status can involve risk that is motivated by more than one reason, so long as one of those reasons is a persecution ground.
The applicant, a lesbian from Iran, was recognised as a refugee. The court found:
- It is unreasonable for homosexuals to refrain from sexual activities in order to avoid persecution.
Although there is no systematic persecution of homosexuals in Iran, there is a considerable risk of detection and persecution.
The right to obtain information about the whereabouts of a disappeared family member, as well as publicising the information concerning the disappearance, belong, according to the Czech Charter of Fundamental Rights and Freedom, to political rights. Therefore, the applicant must be granted asylum if he had been persecuted for exercising this right.
The High Administrative Court decided that a considerable likelihood of group persecution of Hindus in Afghanistan did not exist. The “density” of recorded acts of violence was too low to justify the assumption that Hindus were facing an accumulation of human rights violations or other measures within the meaning of the Qualification Directive.
A female applicant from Syria belonging to a minority group was eligible for refugee protection based on the lack of fundamental rights and freedoms for the minority to which she belonged, in addition to her political activities.
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.
Gender may be a feature defining a social group, so women can be a particular social group.
Violence, beating, and bullying constitute persecution, even if these acts are committed by the local community or individual members thereof.
It is vital to determine whether the applicant obtained help from the state when she requested it or whether there was a genuine (and not just theoretical) opportunity to seek protection.
This case was the first application of Art 10 of the Qualification Directive in the UK to a case involving human trafficking. The Tribunal found that trafficking victims are capable of being members of a Particular Social Group and that both sub paragaphs of Art 10(d) must be satisfied.
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.