Case summaries
It is in principle possible for men to be persecuted on account of their gender. However, classifying the punishment for extramarital sex in Afghanistan as persecution on account of both membership of the group of men and the group of women would cover the entire society and renders the definition meaningless. Therefore, the applicant was not granted refugee status but his deportation was prohibited under Section 60 (2) of the Residence Act / Art 15 (b) of the Qualification Directive.
A stateless Kurd from Syria was not recognised as a refugee. The court held:
- The denial of re-entry of stateless Kurds is not to be considered political persecution because a general institutional practice cannot be detected which is aimed against ethnic Kurds in a manner that is relevant to asylum grounds (Art 10 of the Qualification Directive).
- Whether the legal practice of Syrian legislation on citizenship and the denial of re-entry are part of a restrictive policy towards Kurds, and support the aims of the State of Syria in respect of its settlement policy, is not important when determining political persecution under Section 60 (1) sentence (5) of the Residence Act in connection with Art. 9 and 10 Qualification Directive.
Restriction of the right to attend church is an act of persecution and therefore a violation of Art 10 of the Qualification Directive.
Refugee status was granted on the basis of a well-founded fear of persecution based on the applicant facing a second act of Female Genital Mutilation (FGM) on return to Somalia (persecution ground: membership of a particular social group).
Prostitutes who come from the State of Edo, and who are both victims of human trafficking and anxious to extricate themselves actively from these networks, form a group whose members are, by reason of these two common characteristics which define them, likely to be subjected to persecution within the meaning of Article 1A(2) of the 1951 Refugee Convention, without being able to avail themselves of the protection of the Nigerian authorities. They are members of a particular social group.
Women who are subjected to the norms and customary laws of FGM and forced marriage in rural areas in Nigeria cannot avail themselves of the protection of the State authorities, and their attitude is perceived as an infringement by the community members. They therefore form a social group within the meaning of Article 1 A (2) of the 1951 Refugee Convention. Furthermore, the impossibility of marrying another person constitutes an obstacle to leading a normal life in another part of the country and an alternative protection alternative cannot be considered.
Refugee status was granted to an Algerian woman who was at risk of forced marriage due to membership of a particular social group.
The Supreme Administrative Court (SAC) returned the case to the Administrative Court for reconsideration based on the applicants' change of circumstance (conversion to Christianity in Finland) which only became apparent during the appeal before the SAC.