Case summaries

Chechens, who do not have particular characteristics putting them at risk, are not at risk of persecution in the Russian Federation due to their membership of their ethnic group. Therefore it can basically be assumed that other parts of the Russian Federation provide an internal protection alternative.

This case concerned the concept of “particular social group." The CALL held that persons of the same sex can, in certain societies, be considered as a “particular social group.” The applicant, a victim of forced prostitution, was granted international protection on the basis of her belonging to the social group of women.

This case concerned the consideration of expert medical evidence by asylum decision makers and the link with the assessment of credibility. The Court found that the Refugee Appeals Tribunal failed adequately to consider strong medical evidence relating to torture in assessing the overall credibility of the applicant’s refugee claim. The Court also found that it is incumbent upon the asylum decision maker to give reasons for rejecting the contents of medico-legal reports, especially those with a high probative value.

The facilitated standard of proof under Art. 4.4 of the Qualification Directive may be applied to the examination of subsidiary protection. Under German law, subsidiary protection is not excluded on the ground that the applicant is a “danger to the community”.

The applicant was granted refugee status because of political activities in exile. In the case of applicants from Ethiopia, a risk of persecution is not restricted to leading personalities of the opposition in exile as the Ethiopian government has shown an interest in recording the names and functions of all political opponents.

The case involves consideration by the Supreme Court of Ireland of whether or not the Minister for Justice has a discretion to consider an application for subsidiary protection from a person who has a deportation order made prior to the 20.10.2006, the date on which the law transposing the Qualification Directive came in to effect in Ireland. The Court overturned a decision of the High Court and stated that the Minister for Justice does not have discretion to consider an application for subsidiary protection from a person with a deportation order prior to the 20.10.2006.

The decision of the Administrative Court to refuse the applicant an oral hearing was overturned. The SAC held the Administrative Court did not show the Qualification Directive (which was implemented during the proceedings) had been applied and that the Administrative Court failed to take into consideration that as an asylum seeker the applicant had limited possibilities of supporting his claim by submitting written evidence only.

The Court considered whether an application for international protection by an applicant of Russian nationality based on experiences of persecution in Lithuania (country of asylum) could be dismissed based on the reasoning that Lithuania is deemed to be a safe country of asylum. The Administrative Court held that the question of whether the applicants are in need of international protection based on the treatment they have received in their country of asylum, Lithuania, could not be examined in an asylum procedure in Lithuania.

1. In principle, a threat of female genital mutilation (FGM) has to be considered as political persecution according to Section 60 (1) Residence Act.
2. In Nigeria, FGM is still widespread in all known forms. For the Edo ethnic group, it is usually performed between seven and fourteen days after birth.
3. The number of circumcisions performed (among the Edo ethnic group) during puberty has decreased significantly in recent years and circumcisions in adulthood are no longer performed, or they are only carried out in a small number of cases.

In the present case the court found that it was unlikely that the applicant was at risk of FGM considering her age (five years) and the fact that both her parents opposed the practice. Further, the requirements of ‘Prohibition of deportation’ (Section 60 (2) through (7) of the Residence Act) were not established; it was considered unlikely that the applicant would actually return to Nigeria as her mother had residency in Germany.

The facilitated standard of proof of Art 4.4 of the Qualification Directive was deemed to be applicable both in the decision-making on the granting of refugee status and in the decision-making on the granting of subsidiary protection. The "reduced standard of probability" (of sufficient safety), as it has been developed by the German asylum jurisprudence, is no longer relevant for the examination of refugee status or subsidiary protection. In case of a concrete danger of torture or inhuman or degrading treatment or punishment the prohibition of deportation of Section 60 (2) of the Residence Act applies unconditionally, this includes deportations to signatory states of the European Court on Human Rights.