Case summaries
Czech Republic - Supreme Administrative Court, 15 May 2013, A.S. v. Ministry of the Interior, Azs 56/2012-81
Country of applicant:
Russia
Keywords:
Assessment of facts and circumstances, Actor of persecution or serious harm, Serious harm, Protection
Regardless of the parallel extradition proceedings, the Ministry of the Interior is obliged within the proceedings to assess the consequences of prosecution of the Applicant for a criminal offence in the country of origin in the context of fulfilling the conditions for international protection. In case of fear of action by private persons, the possibility and effectiveness of protection provided by the state against such actions is to be assessed.
Date of decision:
15-03-2013
Relevant International and European Legislation:
Art 7,Art 15,Art 6,Art 8.2 (b),Art 7.2,Art 33.1,Art 2 (f),Article 3
UK - Supreme Court, 28 July 2010, R (on the application of ZO (Somalia) and others (Respondents) v Secretary of State for the Home department ( (Appellant) [2010] UKSC 36"
This case concerned whether the provisions of the Reception Conditions Directive apply to subsequent asylum applications (fresh claims) as with initial claims for asylum. It was confirmed that that the provisions do apply.
Date of decision:
28-07-2010
Relevant International and European Legislation:
EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 2,Art 23.4 (h),Art 32,Art 34,Recital 15,Art 7.2,Art 24.1,Art 39.1 (c),EN - Reception Conditions Directive, Directive 2003/9/EC of 27 January 2003,Article 6,Article 8,Article 10,1.,2.,2.,1.,Article 16,1.