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Germany - Administrative Court Köln, 12 October 2007, 18 K 6334/05.A
Country of applicant: Iraq
Keywords: Assessment of facts and circumstances, Individual assessment, Internal protection, Non-state actors/agents of persecution, Previous persecution, Persecution Grounds/Reasons, Personal circumstances of applicant, Standard of proof, Religion

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.

Date of decision: 12-10-2007
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 8,Art 4.3,Art 7,Art 9,Art 10.1 (d),Art 10,Art 4,Art 6,Art 4.4,Art 1A,UNHCR Handbook,Para 38,Para 37,Para 41,Para 42,Para 39,Para 40,Art 2 (c),Para 44,Para 43,EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 3,Article 4,Article 5,Article 7,Article 8,Article 9,Article 11,Article 12,Article 15
Poland - Court of Appeal in Wrocław, 29 December 2004, II Akz 508/04
Country of applicant: Russia
Keywords: Freedom of movement (right to), Non-refoulement, Refugee Status, Return

This decision upheld the decision of the District Court in J. as regards the legal inadmissibility of extraditing a foreigner. The decision to accord refugee status was taken by a competent French authority and is binding within the territory of Poland, where the foreigner, who is sought by the Russian authorities, was detained. Poland recognises the decisions of other states to accord refugee status to foreigners and grants such foreigners the same degree and scope of legal protection as it would in the case of a foreigner granted protection by a competent Polish authority.

Date of decision: 29-12-2004
Relevant International and European Legislation: Art 24,Recital 6,Recital 7,Recital 4,Recital 10,Art 13,Art 14,Art 1,Art 2 (c),Art 31.1
UK - Court of Appeal, 31 July 2000, Revenko v Secretary of State for the Home Department [2000] EWCA Civ 500
Country of applicant: Moldova
Keywords: Country of former habitual residence, Stateless person
A stateless person who is outside his or her country of former habitual residence and is unable to return there is not a refugee unless he or she is unable to return owing to a fear of persecution for a Convention reason.
Date of decision: 31-07-2000
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 33,UNHCR Handbook,Art 31,Art 2 (c),Para 100,Para 101,Para 102,Para 103