Case summaries
Hungary - Budapest Administrative and Labour Court, KKF v Bevándorlási és Állampolgársági Hivatal (Office of Immigration and Nationality, OIN) 15.K30.590/2013/5
Country of applicant:
Lebanon, Palestinian Territory
An applicant of Palestinian origin was granted refugee status. UNWRA assistance ceased for reasons beyond the applicant’s control, and therefore the applicant is entitled ipso facto to the benefits provided by the Convention. Consequently, refugee status must be granted automatically.
Date of decision:
21-03-2013
Relevant International and European Legislation:
Art 4,Art 1A,Art 12.2,Art 12.3,Para 38,Para 41,Para 42,Art 12.1 (a),Art 1D,Art 2 (c),Art 12.1 (b)
Germany - High Administrative Court Baden-Wurttemberg, 3 November 2011, A 8 S 1116/11
Country of applicant:
China, China (Tibet)
Keywords:
Inhuman or degrading treatment or punishment, Internal protection, Previous persecution, Persecution Grounds/Reasons, Refugee sur place, Standard of proof, Race, Political Opinion, Gender Based Persecution
Tibetans in China are not at risk of “group persecution” based on their ethnicity. However, individual acts of persecution (the rape of a Tibetan woman by security forces in the present case) do constitute past persecution since they have to be regarded as being connected to the persecution ground “race”.
Date of decision:
03-11-2011
Relevant International and European Legislation:
EN - Qualification Directive, Directive 2004/83/EC of 29 April 2004,Art 8,Art 9.2,Art 7,Art 10,Art 4.4,Art 9.1,Art 12.1 (b)