Case summaries
This case concerned the refusal of a Refugee appeal on the basis that Sate protection was available and/or that the applicant could relocate within Nigeria and avoid persecution. In support of the finding that State was available; the Tribunal Member relied upon part of a UK Home Office Operational Guidance Note (OGN) on Nigeria that had not been provided to the applicant. The Court found that the applicant not afforded fair procedures. She had no opportunity to comment upon the information in the OGN. The Court also found that the issue of whether or not State protection is available does not depend upon the existence of a police complaints procedure but upon a determination that there exists in the country of origin as a matter of current practice, an effective system for the detection, investigation, prosecution and conviction of crimes of the kind which form the subject matter of the complaint.
The practices used by the authorities of a given country in order to exclude some citizens, members of a minority, from nationality can be considered as persecution since they are linked to one of the grounds listed in Article 1A(2) of the 1951 Refugee Convention.
Social exclusion can be considered as "exceptionally distressing circumstances" and thus grounds for a residence permit.
A young Christian man who had not been in his country of origin since childhood was not considered eligible for a residence permit based on exceptionally distressing circumstances in spite of the fact that his family resides in Sweden and that he is likely to face social difficulties on his return.
The Office of Immigration and Nationality (OIN) found the applicant not credible and therefore did not assess the risk of serious harm. Instead the OIN granted protection against refoulement. The Metropolitan Court ruled that the OIN was obliged to assess conditions for subsidiary protection and serious harm even if the applicant was not found credible.
Homosexuals in Tunisia, even those that do not proclaim or overtly demonstrate their sexual orientation, can be considered as constituting a specific and sufficiently identifiable whole so as to form a group whose members would face a risk of persecution for reasons of common characteristics which define them in the eyes of the Tunisian authorities and society.
The situation which prevails today in Mogadishu must be seen as a situation of generalised violence resulting from a situation of internal armed conflict. Its intensity is sufficient to consider that today the applicant faces a serious, direct and individual threat to his life or person, without being able to prevail himself of any protection.
As soon as one persecution ground (in this case religion) exists and the other conditions for qualifying for refugee status are fulfilled, refugee status must be recognised rather than subsidiary protection, including in a context of generalised violence.
This case concerned an appeal against a decision of the Ministry of Interior (MOI) refusing a claim for international protection from a Kosovan applicant who argued that his special skill as a kick boxer would place him within the meaning of a particular social group and that he should be afforded the protection within the Refugee Convention. It was found that the applicant did not belong to any particular social group and he could find protection in his country of origin.
The situation which currently prevails in the Republic of Chechnya does not amount to generalised violence resulting from a situation of internal or international armed conflict.