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UK - Upper Tribunal, 13 November 2010, RR (Refugee-safe third country) Syria [2010] UKUT 422
Country of applicant: Syria
Keywords: Burden of proof, Indirect refoulement, Personal circumstances of applicant, Safe third country

In this case the court considered the risk to a refugee of indirect refoulement from a third country. 

Date of decision: 13-11-2010
Relevant International and European Legislation: 1951 Refugee Convention,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 27,Art 1A,Art 33,UNHCR Handbook,Art 32.1,Para 106
Sweden - Migration Court, 4 November 2010, UM 2675-10
Country of applicant: Nigeria, Senegal
Keywords: Safe third country, Refugee Status, Family unity (right to), Child Specific Considerations, Gender Based Persecution

The Migration Board accepted the applicant and her children were in need of international protection as refugees in relation to Senegal but claimed that they could obtain protection in Nigeria (considered a safe third country). The Migration Court upheld the applicant’s appeal stating that once a case has been examined in substance in relation to a country of origin and protection needs ascertained it is not possible subsequently to refuse protection by referring to a safe third country. Cases concerning safe third countries must be dismissed in accordance with Art 25.2(c) of the Asylum Procedures Directive which is transposed into Swedish law by the Aliens Act (2005:716) Chapter 5 Section 1 (b).

Date of decision: 04-11-2010
Relevant International and European Legislation: 1951 Refugee Convention,Art 1A (2),EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,UNHCR Handbook,Para 106,Para 107,Art 25.2 (c)