Case summaries

The applicant lodged an appeal before the High National Court against the decision of the Ministry of Interior to refuse granting refugee status. The refusal was based on the application of an exclusion clause due to the applicant’s alleged membership of a terrorist group and for having committed serious crimes.

It was discussed whether this exclusion clause had been applied lawfully and also if, alternatively, the applicant could be authorised to stay in Spain for humanitarian reasons since, if he was expulsed, there was a risk of suffering inhuman or degrading treatment

If a subsequent application is based on “post-flight reasons” created by the applicant, he has to provide good reasons why he has become politically active or has intensified his activities.

As a rule, “post-flight reasons” which have been created by the applicant following the termination of an asylum procedure are not relevant for granting refugee status. An exception to this rule may be given if the activities which the applicant engaged in since he left the country of origin constitute a continuation of convictions which have been practiced before. However, activities which fulfil these criteria are not by themselves sufficient to constitute an exception to the rule. In addition the applicant has to provide good reasons to explain why he has become politically active or has intensified his activities after an unsuccessful earlier asylum application.

Extradition to Iran of an Iranian citizen. The wanted person was a political refugee who had been recognised by the UN High Commission for Refugees. The Supreme Court (Areios Pagos) rejected the extradition request because of his status and because of the appeal he lodged under the provisions of Article 5 (2) of Presidential Decree 8/2008.

The Supreme Administrative Court defined the standard of proof of a “reasonable likelihood” of persecution and a “real risk” of serious harm. Where these criteria are met, the court must give precedence to international commitments and not apply the mandatory national rules of procedure (e.g. for an action that is out of time).