Case summaries
Czech Republic - Supreme Administrative Court, 14 January 2004, A.C. v. Ministry of Interior, 2 Azs 69/2003-49
Country of applicant:
Moldova
Keywords:
Manifestly unfounded application, Persecution (acts of), Well-founded fear, Membership of a particular social group
Belonging to a group of people without power or influence does not constitute a particular social group and therefore cannot be deemed a convention ground for persecution under the Refugee Convention.
Date of decision:
14-01-2004
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 10.1 (d)
UK - Immigration Appeal Tribunal, 3 October 2000, EG, Colombia, [2000] UKIAT 00007
Country of applicant:
Colombia
In assessing claims based on political opinion, a broad approach needed to be adopted to ensure that the object and purpose of the 1951 Refugee Convention was met. Political opinion could be actual or imputed and had to be assessed in the context of the society that the applicant had fled. Political opinion should not be restricted to issues relating to party politics nor, in the context of persecution non-state actors of persecution, was it helpful to identify those who were on the side of the forces of “law and order”.
Date of decision:
03-10-2000
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 10.1 (d),Art 10.1 (e),Art 10.2,UNHCR Handbook,Para 80