Case summaries

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Germany - Administrative Court Neustadt a.d.W., 8 September 2008, 3 K 753/07.NW
Country of applicant: Iran

The applicant, a lesbian from Iran, was recognised as a refugee. The court found:

  1. It is unreasonable for homosexuals to refrain from sexual activities in order to avoid persecution.
  2. Although there is no systematic persecution of homosexuals in Iran, there is a considerable risk of detection and persecution.

Date of decision: 08-09-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 7,Art 9,Art 10.1 (d),Art 10,Art 6,Art 4.4,Art 4.3 (c),Art 4.3 (a),Art 13,Art 9.1,Art 9.2 (c),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 8
Czech Republic – Regional Court in Prague, 14 August 2008, O.S. v Ministry of Interior, 48 Az 57/2008
Country of applicant: Turkey

Country of origin information must be up-to-date and balanced. A report of the European Commission evaluating Turkey as potential member of the EU is political and biased, and should only be used as a supporting document.

Date of decision: 14-08-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4.3,Art 8.2,Art 2 (c)
Germany – High Administrative Court Sachsen-Anhalt, 31 July 2008, 2 L 33/06
Country of applicant: Russia

There are "good reasons" within the meaning of Art 4.4 of the Qualification Directive to consider that the persecution of ethnic Chechens from Chechnya which was solely based on membership of the group will not be repeated. The standard of Art 4.4 of the Qualification Directive has now replaced the concept of "sufficient safety from persecution" as developed in German case law for refugees who had been subject to persecution before they left their country of origin. 

Date of decision: 31-07-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.4
Czech Republic - Supreme Administrative Court, 31 July 2008, N.G.H. v Ministry of Interior, 5 Azs 55/2008 – 71
Country of applicant: Congo (Republic of)

This case concerned an appeal against a decision of the Ministry of Interior (MOI) to refuse a grant of asylum. Having regard to a report from the country of origin, the MOI classified the applicant´s account as not credible. In his appeal, the applicant challenged this decision on the grounds that the MOI did not ascertain the real state of affairs, using only one source of information. The appeal was successful. The Supreme Administrative Court (SAC) held that the country of origin information must be verified from various sources and laid down other conditions for using the country of origin information.

Date of decision: 31-07-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.3 (a)
UK - Court of Appeal, 28 July 2008, JT (Cameroon) v Secretary of State for the Home Department [2008] EWCA Civ 878
Country of applicant: Cameroon

The Court of Appeal considered a piece of legislation that required judges and decision-makers to “take into account, as damaging” to an asylum application’s credibility, certain specified behaviour, including the failure to claim asylum in a safe third country. The Court held that the relevant legislation must be interpreted in a way which is consistent with constitutional principles and which allowed the judiciary to make a global assessment of credibility in the individual case. If the legislation was interpreted as a direction it would risk distorting the fact-finding exercise conducted by the judiciary.

Date of decision: 28-07-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,EN - Asylum Procedures Directive, Council Directive 2005/85/EC of 1 December 2005,Art 4,Art 23
Ireland - High Court, 27 June 2008, A.B.O. v Minister for Justice, Equality and Law Reform [2008] IEHC 191
Country of applicant: Nigeria

This case concerned the test to be applied by the Minister as the decision-maker in applications for subsidiary protection. The Court held that it was permissible for the Minister to have regard to the reports and findings of other decision-makers in the asylum process (specifically the Refugee Appeals Tribunal). However, a particularly careful and thorough analysis will be required if the case for subsidiary protection is put on an entirely new basis which has never been considered at any stage of the process. In relation to state protection, the Court reiterated that the onus lies on an applicant to provide clear and convincing proof of a state’s inability to protect its citizens.

Date of decision: 27-06-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.1,Art 4.2,Art 4.3,Art 4.3 (e),Art 4,Art 4.3 (c),Art 4.3 (a),Art 4.3 (b),Art 4.3 (d)
Germany - High Administrative Court Nordrhein-Westfalen, 19 June 2008, 20 A 4676/06.A
Country of applicant: Afghanistan

The High Administrative Court decided that a considerable likelihood of group persecution of Hindus in Afghanistan did not exist. The “density” of recorded acts of violence was too low to justify the assumption that Hindus were facing an accumulation of human rights violations or other measures within the meaning of the Qualification Directive.

Date of decision: 19-06-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 10,Art 10.1 (b),Art 4.4,Art 9.2 (f),Art 9.2 (b),Art 9.2 (c),Art 9.1 (a),Art 9.2 (d),Art 9.2 (a)
Germany – Federal Administrative Court, 29 May 2008, 10 C 11.07
Country of applicant: Azerbaijan, Turkey

The concept of internal protection only applies if the asylum-seeker is able to reach the relevant region in a reasonable manner. In the light of Art 8 of the Qualification Directive an asylum-seeker can only be reasonably expected to stay in another part of his country of origin if he does not face risks in this region. The general situation in the region of internal protection and the applicant’s personal circumstances has to be taken into account. It is irrelevant for the granting of refugee status whether such risks likewise exist in the region of origin.

Date of decision: 29-05-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,1951 Refugee Convention,Art 1A (2),Art 8,Art 4.3 (e)
Sweden - Migration Court of Appeal, 23 May 2008, UM 1802-07
Country of applicant: Syria

A female applicant from Syria belonging to a minority group was eligible for refugee protection based on the lack of fundamental rights and freedoms for the minority to which she belonged, in addition to her political activities.

Date of decision: 23-05-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 10,Art 4,Art 6,Art 9.1 (b)
Germany - High Administrative Court of Baden-Wurttemberg, 20 May 2008, A 10 S 72/08
Country of applicant: Pakistan

Art 10.1 (b) of the Qualification Directive guarantees wide reaching protection of the freedom of religion. However, merely belonging to the Ahmadiyya religious community does not justify the granting of refugee status.

Date of decision: 20-05-2008
Relevant International and European Legislation: EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 4.3,Art 9.2,Art 10.1 (b),Art 9.1,Art 2 (c),EN - Convention for the Protection of Human Rights and Fundamental Freedoms,Article 9